Beaty v. Scrivener

This is a writ of error, prosecuted by the defendants, to a judgment recovered against them by- the plaintiff, in an action of covenant.

The first point which the case presents for out consideration, relates to the sufficiency of a plea in bar of the action, which, on demurrer, was held had by the circuit court. To understand this point correctly, it is necessary tu state the substance of the declaration and plea.

To an action on a covenant to freight tobacco to ÍÍ. Orleans, and return an account of sales,- [>lea that defendant did freight tho tobacco tolST. O. but when it arrived, there was no…