
    Case No. 7,937.
    KROUSE et al. v. DEBLOIS.
    [1 Cranch, C. C. 138.] 
    
    Circuit Court, District of Columbia.
    July Term, 1803.
    Indebitatus Assumpsit — Special Agreement.
    The plaintiff cannot recover upon a general in-debitatus assumpsit, if a special agreement be proved.
    General indebitatus assumpsit and quantum valebat for 418 pounds of beef sold and delivered. The defendant offered to prove a special agreement between the plaintiffs [Ivrouse & Gloyd] and defendant, on which the beef was delivered.
    Mr. Mason, for plaintiffs,
    moved the court to instruct the jury, that he was entitled to recover for the beef delivered, although a special agreement should be proved.
    
      
       [Reported by Hon. William Cranch, Chief Judge.]
    
   But

THE COURT

(MARSHALL, Circuit Judge, absent)

refused to give the instruction. The authorities cited were: Esp. N. P. 130, 138, 140; Rolleston v. Hibbert, 3 Term R. 412; Cates v. Knight, Id. 444; Cutter v. Powell, 6 Term R. 320; Payne v. Bacomb, Doug. 651; Robinson v. Bland, 2 Burrows, 1088; Precedents of Declarations (Boston, June, 1802) pp. 18, 10.

Mr. Mason prayed leave to amend, which was granted, on payment of costs and a continuance.

[The ease, was subsequently tried, and a verdict had for the defendant. Case No. 7,938.]  