Clayton’s Notebook, 57

MILLSBOROUGH FURNACE COMPANY v. FINCH.

Court of Common Pleas of Delaware, Sussex County.
April, 1818.

On a rule to show cause why the defendant should not be discharged on filing common bail, an affidavit was filed by plaintiffs stating a breach of a covenant entered into by defendant to furnish the plaintiffs’ furnace with a sufficient quantity of coal to keep it in operation.

PER CURIAM.

The plaintiffs allege a breach, but they do not show anything from which the Court can judge of the extent of the injury arising from that breach. The affidavit ought to lay the whole case before the Court.

Rule made absolute.