1791-11-05 (static/transcriptions/1791/11/039.jpg)

96.)

here put issue an immaterial fact, the production of the affidavit, the only material issue is whether the affidavit was made, for he may have had sufficient notice thereof, though it has not been produced to him.
That part of the plea in which Deft says that he has paid 3000 S. R. part of the 5000 after the expiration of the 9 months, admits the condition broken.
See 2 Mod: 3 Duff agt Vincent.
The following paragraph admits the breach more expressly, and therefore must