1777-11-25 (static/transcriptions/1777/11/021.jpg)

1777. Sittings. [Tuesday] Nov. 25.

Luckey Canta Seccara
v
Kissenchurn Sein & Ramsurn Sein.
An agreement was made for the purchase of One Cottah of Ground for Fifty Rupees, which were paid at the time of the agreement. The Land was not conveyed, and this action was brought to recover back the consideration money, the fifty Rupees.
The first Count was intended to be on the agreement, but was so confused and defective that no Judgment could be given on it.
The second Count was for money received to the use of the Plaintiff. Impey said “your Evidence will defeat this Count, for you open that it was for the use of the Defendants, for the Consideration of Land to be sold and conveyed: This is within the reason of Lady Exeter’s case which arose at the Assizes before Mr. Baron Sarrat, and was afterward determined on motion in the Court of Kings Bench for a New Trial, when it was held, that when the Evidence proves another consideration, the
implication