¶1delivered the opinion of the court.
¶2Tins Was an action of debt by Preston against the plaintiffs in error, in which the circuit court entered judgment by default against them for $1000 and interest thereon, from the 15th of November, 1823, until paid; to reverse which, they prosecute this writ of error.
¶3The note on which the action was founded, as described in the declaration was executed, payable to J. M. Preston of Abingdon Virginia, was for the payment *580f $1000, or the value thereof, in ginseng, poultry, bees-wax, or any other produce, that would be received in the stores, in Abingdon.
¶4action was misconceived. An action of covenant was the appropriate remedy.
¶5The judgment moreover, for accruing interest, was erroneous.
¶6The judgment of the circuit court must be reverse^ with costs.