Spratt v. M'Kinney

*595OPINION of the Court, by

Ch. J. Bibb.

This was au action of indebitatus assumpsit. The declaration contains two counts ; the one is by the assignee against the assignor of a covenant to pay a horse to be worth one hundred dollars, to have been delivered on a certain day in Standford. After setting forth the covenant and assignment, and notice to the covenantor of such assignment, the plaintiff avers the failure of the co-venantor to pay the horse at the time and place appointed ; that he had made diligent search in the circuit for Jameson, the obligor, but has not been able to find him ; and…