Assumpsit. The declaration states that whereas the defendant, on, &c.,'was indebted to the plaintiff in the sum of $181, for the work and labour of the plaintiff done and performed at the instance and request of the defendant; and was also indebted to the plaintiff in the further sum of $181 for goods sold and delivered at the instance of the defendant; the defendant afterwards, in consideration of the premises, promised to pay the said sum of money to the plaintiff on request; yet the defendant hath not paid the said sum of money or any part thereof, to the plaintiff’s damage, &c. General demurrer to the declaration, and judgment for the defendant.
. The defendant contends that this declaration contains two counts, neither of which is good. We think, however, that there is but one count. The promise laid is to pay, &c., in consideration of the defendant’s being indebted to the plaintiff for work and labour and for goods sold and delivered, &c. That constitutes but one count. The declaration is sufficient in substance.
PL. Cooper, for the appellant. J. B. Howe, for the appellee.Per Curiam.—The judgment is reversed, with costs. Cause remanded, &c.