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Excerpt from A Selection of Cases on the Law of Contracts, Vol. 1 of 2: Edited and Annotated
A rule having been obtained to show cause why the judgment should not be arrested, on the ground that there was no consideration for the defendant's promise.
Erskine and Wood now showed cause. This was a bargain and sale: on condition; and though the plaintiff might have rescinded the con tract before four o'clock, yet, not having done so, the condition was complied. With, and both parties were bound by the agreement. The declaration considered this as a complete bargain and sale; for the breach of the agreement is for not delivering the tobacco and not for not selling it.
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