Bender v. Fromberger

4 U.S. 436 (____)

4 Dall. 436

Bender

versus

Fromberger.

Supreme Court of United States.

The Chief justice, after stating the pleadings, and the reasons assigned in arrest of judgment, delivered the opinion of the court, in the following terms:

TILGHMAN, Chief Justice.

As to the first point, although it was opened by the defendant's counsel, yet, I think, in the course of the argument, it was nearly abandoned. It certainly has not been supported; for many cases have been produced, proving that it is sufficient to assign the breach in terms as general as those in which the covenant is expressed;[(2)]…