Jerome v. Ortman

In this case the plaintiffs sued defendants m an action of covenant for the violation of the terms of an agreement which was executed without any actual seal or scroll, but which was declared to be the act of the parties, in witness whereof they thereunto set their hands and seals. The court below held that the action of covenant was properly brought, and judgment was rendered upon the verdict of the jury for damages shown.

It is claimed now by defendants that, the agreement not being actually sealed, assumpsit was the only action permissible ; and assumpsit being barred in six years, while…