
    John D. Petrie against Jewit Woodworth.
    Where a name appears to be a foreign one, a variance of a letter, which, accordingto the pronunciation ofthat language, does not vary the sound, is not a misnomer. Declaring for 'damages “ on ac- “ count of not “ fulfilling a contract fora “ lot of land” in a certain place, is before a justice, sufficiently certain.
    IN ERROR on certiorari, the exceptions were, 1st, that the defendant below pleaded in abatement, a misnomer, in being sued as Petris, instead of Petrie. 2d, That the declaration was uncertain and insufficient.
   Per curiam.

It was not a misnomer. It was the same surname, with the mis-spelling of one letter. The pronunciation would still be the same in French, as the name seems' to import. It may also be well inferred from the return, that it appeared to the justice, that the defendant was as well known by one name as the other, if they be different; and such a replication to such a plea is good. The second objection has no weight. The declaration is goGd enough. It was “ for damages, on account of the defendant’s not “ fulfilling- a contract for a certain lot of lease land, lying in. German Flats.” We are of opinion that the judgment be affirmed.  