Denison's executors v. Wertz ex rel. Kipp

*373, The opinion of the Court was delivered by

■Tilghman, C. J.

This is an action of covenant brought by Henry Wertz, the nominal plaintiff below, for- the use of John Kipp, against the executors of Hugh Denison,'on a single bill for 1,000. dollars given by Denison to- Wertz, dated the,10th May, 1811, and payable the 10th May, 1812, “ provided Denison received possession oft the property he had purchased of Wertz, and if possession should not by that time be delivered to him, then the said sum of 1,000 dollars was to be payable on Denison's receiving possession according to the article of…