Goodrich v. Lafflin
18 Mass. 57
Mass.1822Check TreatmentPrevious to the commencement of this action the defendants had sued the plaintiff, and recovered judgment, in an action of assumpsit for goods sold and delivered ; and the goods were a part of those to which the special contract referred. Both parties, therefore, have departed from the special contract.
The motion for a new trial is overruled, and judgment is to be entered according to the verdict.
Hill v Green, 4 Pick, 114.