Brawner v. Harris

Decided July 15, 1833

Tennessee Supreme Court · decided 1833-07-15

Harris brought an action of covenant against Brawner, on a note to pay two hundred and fifty dollars in current bank notes, on or before the third day of October, 1831. The breach assigned is, that the said Brawner did not pay on or before said 3d day of October, 1831, but by his failure so to do, has broken his covenant.

Decided 1833-07-15

Peck, J.

¶1delivered the opinion of the court.

¶2There is no error in giving the judgment- in this case upon the finding of the jury. The undertaking was to pay before or on the day. If the party chose to rely upon a plea of performance within the terms of the covenant, and issue be thereon taken, and found against him, with *215what pretence can it be said the issue is immaterial ? think the judgment should he affirmed. We

¶3Judgment affirmed.