Wenzell v. Breckinridge's Ex'x

Judge Ewing

delivered the Opinion of the Court.’

An action of covenant was brought by Wenzell, against the executrix and heirs of J. C. Breckinridge, on the following writing:—

“Lexington Oct. 4, 1819.

“ Received of Mr. J. C. Wenzell for collection, a note “ on James Haggin and Wm. T. Barry, for five hundred “ dollars, dated March 22, and due six months after “ date.

“ J. Cabel Breckinridge,.’’'1

The only question involved, is — can an action of covenant he sustained for failing to pay to the plaintiff, the money collected?

No technical form of words is necessary to make a covenant: any words which…