The plaintiff declared in covenant, and laid his damages at $2000. On a trial this termhe obtained a verdict for $2856.38, and Mr. Blair, for the defendant, entered a motion in arrest of judgment.

now stated and verified the following facts to the court:

A former action was brought by Stiles against Girard on a lease (the foundation of the present suit) for rent, to March term, 1798, on which it was agreed, that new actions should not be brought. A trial was had therein and a verdict for the plaintiff taken by consent. The judgment entered thereon was afterwards carried up to the High Court of Errors and Appeals and there confirmed.

On the 1st July, 1802, the counsel on both sides signed a written paper, to enter the present suit as an amicable action in covenant, as of March term preceding.

And on the 21st September, 1802, they entered into another agreement, that this suit should be tried on the general issue of covenants performed ; the replication to state as a breach the landlord’s not allowing for certain buildings, and some “ disputed “ items of account,” so as to ascertain the general balance of accounts between the parties.

On the 28th of the same month of September, Mr. Dickerson, the attorney for Stiles, pressing for the money he had recovered, *he and Girard signed another paper explanatory r# of the last agreement, wherein it was expressed that the *■ “ disputeditems of account,” mentioned in the agreement of 21st September last, include any over-payments and mistakes in the judgment obtained by Stiles against Girard for $3660 on the 2xst September, 1801. In consequence whereof, Girard paid the money to Mr. Dickerson for the use of Stiles.

The declaration in the present cause having been drawn be-core the agreements in September, though marked filed on the September, 1802, Mr. Ingersoll now moved the court to nodel the verdict in such a manner as to separate the sum due (trictly on the lease from the sum due on the two agreements, iccording to the evidence given to the jury; and enter the cornier sum as the verdict on the lease and the latter as the verdict on the agreements, which, according to his calculations, would result as follows :

A verdict to be entered for $1503.60, the damages on the declaration ; and for $1352.78, the damages on the agreements; making the amount of $2856.38 in the whole. Or if the court should deem it more expedient, he moved that the damages in the declaration might be increased from $2000 to $3000.

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