Howlet's case, 1 N.C. 150, 1 Mart. 150 (1793)

1793 · United States Circuit Court for the District of North Carolina
1 N.C. 150, 1 Mart. 150

Howlet’s case.

Trin. 2 Car.

THE plaintiff declared that on such a day, 21 Jac. he sold to the defendant a quantity of barley, part of which he delivered presently, and agreed to deliver the remainder afterwards, and afterwards on the same day, the defendant promised to pay him the sum of, &c. on such a day.

Hitcham, Serj.

Here the *promise is made after the sale; and being on a consideration executed, is bad.

Per curiam.

It is well enough being on the same day, of which no division shall be made in this case.