Brawner v. Harris

Tennessee Supreme Court

Brawner v. Harris

13 Tenn. 214

Tennessee Supreme Court·Decided July 15, 1833·Published

Opinion

Peck, J.

delivered the opinion of the court.

There 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 [215]*215what pretence can it be said the issue is immaterial ? think the judgment should he affirmed. We

Judgment affirmed.

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Peck, J.

delivered the opinion of the court.

There 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 [215]*215what pretence can it be said the issue is immaterial ? think the judgment should he affirmed. We

Judgment affirmed.

Brawner v. Harris, 13 Tenn. 214 (Tenn. 1833).

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