Sook v. Knowles

OPINION of the Court, by

Judge Trimble

— The plaintiff in error, who was also plaintiff below, brought an action of covenant against Knowles, on a bond conditioned for the conveyance of a tract of land, with general warranty, but without any time specified in the condition, when the conveyance should be made. The declaration assigns the breach, in failing to make the conveyance upon a special demand, which is averred in the declaration. Upon setting aside the office judgment, and writ of enquiry, the defendant pleaded in bar, “ he did on the day before the suing out of the original writ, tender…