| Mass. | Oct 15, 1811
This matter ought to have been adjusted at the bar. But as this has not been done, let judgment be entered for the plaintiff on the fifth count, to which the plea of tender was made,
[A profert in Court was unnecessary, and should have been regarded as surplusage. 2 Kent Comm. 508, Lamb vs. Lathrop, 13 Wend. 95.—Bro. Touts temps prist, plac. 31. — Ed.]