
    Krouse & Gloyd v. Deblois.
    The plaintiff cannot recover upon a general indebitatus 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 and defendant, on which the beef was delivered.
    
      Mr. Mason, for the 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.
   But the Couet,

(Marshall, J., absent,)

refused to give the instruction; The authorities cited, were: Esp. N. P. 130, 138, 140 ; Rolleston v. Hibbert, 3 T. R. 412; Cates v. Knight, 3 T. R. 444; Cutler v. Powell, 6 T. R. 320; Payne v. Bacom, Doug. 651; Robinson v. Bland, 2 Burr. 1098; Precedents of Declarations, (Boston, June, 1802,) p. 18 and 19.

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