Macay and Johnston, Judges, were of opinion, that this action could not be sustained.
Executors of Brickell v. Batchelor, 1 N.C. 109, 1 Cam. & Nor. 109 (1800)
June 1800
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North Carolina Court of Conference
1 N.C. 109, 1 Cam. & Nor. 109
The Executors of John Brickell versus William Batchelor
This was an Action of Covenant brought in Halifax Superior Court, and the following verdict found by the consent of the parties. The jury find the covenant in the following words: “ I promise to pay Jesse Bowers or his assigns, six thousand weight of good tobacco by March next, for value received. Witness my Hand and seal, this 10th October, 1781.
Signed, HARRISON MACON, Seal."
On which they find the following endorsements:
“ I endorse the within to William Batchelor, as witness my hand and seal, this 22d October, 1782.
4 Signed, J. HICKS, Seal.
*110" I enclose the within to John Brickell, witness my hand and seal this 22d October, 1782.
Signed, W. BATCHELOR, Seal.
And it is submitted to the Court, whether an action of covenant will lie on the above endorse-ment of Wm. Batchelor, for the damages sustained by the non-performance of the Covenant of the said Harrison Macon.