CASES FOR ANALYSIS. BOOK I. A SELECTION OF CASES ON CONTRACTS COOKE v. OXLEY. King's Bench, 1790. [Reported in 3 T. R. 653.] THIS was an action upon the case; and the third count in the declaration, upon which the verdict was taken, stated that on, &c., a certain discourse was had, &c., concerning the buying of 266 hogsheads of tobacco; and on that discourse the defendant proposed to the plaintiff that the former should sell and deliver to the latter the said 266 hogsheads [at a certain price]; whereupon the plaintiff desired the defendant to give him (the plaintiff) time to agree to or dissent from the proposal till the hour of four in the afternoon of that day, to which the defendant agreed; and thereupon the defendant proposed to the plaintiff to sell and deliver the same upon the terms aforesaid, if the plaintiff would agree to purchase them upon the terms aforesaid, and would give notice thereof to the defendant before the hour of four in the afternoon of that day; the plaintiff averred that he did agree to purchase the same. |