Nichols v. Raynbred
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1 NICHOLS
2
NICHOLS
AND
RAYNBRED.
2Hill. 12 Jac. Rot. 131.
[K.B. 1615]
Assumpsit.
4Suff. Jenk. Cent. 296. 4 Co. 94. 17.38. Ben. 150. Dy.30.a. Yelv. 134. 4 Leo. 3. 3 Cro. 543. Promise for promise. Post. 106.
5Nichols brought an assumpsit against Raynbred, declaring that in consideration, that Nichols promised to deliver the defendant to his own use a cow, the defendant promised to deliver him 50 shillings: adjudged for the plaintiff in both Courts, that the plaintiff need not to aver the delivery of the cow, because it is promise for promise. Note here the promises must be at one instant, for else they will be both nuda pacta.
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