Delashmutt v. Thomas

This suit was instituted hy the appellant’s testator, and is an action of covenant, upon a certain article of agreement under seal, made between the plaintiff and the appellee, and set out at length in the declaration. There was a demurrer to the declaration, which was sustained by the Circuit Court and judgment thereon entered for the defendant, from which this appeal was taken.

■The only question presented by the record, is the sufficiency of the cause of action set out in the narr.

In the argument in this Court in support of the demurrer, the counsel for the appellee has relied upon certain…