Huddle v. Worthington

1 Ohio 424

Opinion

By the Court :

We are of opinion, that an action of covenant can not be sustained upon the condition of a bond like this, separated, as it is in the declaration, from the penal or obligatory part of the bond. It might be different, if the entire bond was declared on, as in the -case in 1 Munford, stating that the covenant was made under the penalty in the obligatory part specified.

Judgment must be for the defendant.