By the Court, Jewett, J. The first question which I shall consider is, Avhether the plaintiff under a count adapted to the case can sustain an action to enforce the defendant’s promise tpay the price of the horses Avhich he purchased. This involves the question, Avhether in cases of simple contracts, where one makes a promise to another, for the benefit of a third person, he can maintain an action upon it, though the cons…
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