Slack against Clifton
| Jurisdiction | England & Wales |
| Judgment Date | 30 January 1846 |
| Date | 30 January 1846 |
| Court | Court of the Queen's Bench |
English Reports Citation: 115 E.R. 972
QUEEN'S BENCH
[524] slack against clifton. Friday, January 30th, 1846. Where a Judge at chambers has dismissed a summons to strike out a count, the full Court will not interfere. An affidavit sworn, for the purpose of obtaining a rule, by a party styling himself clerk to A. and B. "agents for the defendant," shews sufficiently that the application is authorized by defendant, if it does not appear that he is absent from the country. The plaintiff declared in assumpsit. The first count averred that, in consideration (a) See stat. 1 & 2 Viet. c. 110, a. 9: Everard v. Poppleton, 5 Q. B. 181. (c) Patteson J. had left the Court. (d) See the next case. 80. B. 525. THE QUREN V. ETON COLLEGE 973 that plaintiff would provide a threshing machine for himself, defendant and one .Richard Green, to become the property of the three, the defendant promised to pay the plaintiff 611. 13s. 4d. by instalments, the last payment to be made when the machine was finished, and defendant also promised that R. G. would also pay 611. 13s. 4d. at the same times: the declaration then averred that the plaintiff provided the machine, which defendant and R. G. accepted : assigning for breach that defendant had not paid any instalment. The second count was indebitatus assumpsit for money by the defendant agreed to be paid, and due arid payable to the plaintiff, in respect of the plaintiff having, at the request of the defendant and R. G., found and provided goods and chattels for the plaintiff, the defendant and R. G.; for work and labour done, and materials provided, by plaintiff for defendant; and for divers goods, and undivided parts and shares of goods, sold and delivered by plaintiff to defendant; also for divers goods, &c. and undivided, &c. bargained and sold by plaintiff to defendant ; for money lent by plaintiff to defendant; for money paid by plaintiff for defendant; for money received by defendant to the use of plaintiff; and on an account stated between the two; with a single breach. The defendant took out a summons to strike out the first count, or the second, or so much of the second [525] as related to money due from the defendant for and in respect of the plaintiff having, at the request of the defendant and R. G., found and provided goods and chattels, &c. The summons was heard before Williams J., who dismissed...
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