Ewing v. Beauchamp

OPINIÓN of the court, by

Judge Owsley.

Beau-champ, on the 26th of February 1795, executed to Ewing the following writing obligatory, to wit : “ Whereas I have bargained arid sold to Charles Ewing a negro fellow, to be paid to him next fall, this shall oblige me to pay to him or his order forty shillings per month ⅛ cash for every month said negro, or a good hand in *42Jiis room, shall be absent from this date : as witness ⅛⅜ hand,” &c. And having failed to perform the stipulations on his part, Ewing prosecuted an action thereon against him. Beauchamp pleaded — 1st, That on the 25th day of Febníáry…