Principles Adjuditatsd by the SuS55n, fan. a! the Iuly Term. ll7.
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Cos'Ar X Hsrvitk vs, Dayics & Came, from DesAa. 4 promissory hote given and r..... tor and la discharge cf an open account, i. an acfioa apon the account; if no, 50 siys, ,,. esiyed, 1t will no, discharge the action if ,,lF iali account upon a condition ts be ps,fo,0., wIil discharge the action on the accoun, un0, a performance of the condition.

 Action brought on an open account, the s,e..s ants prove. under the general issue, that, onoo aement of the aecoent ailer suit ins,itaied, q 0,. was given for the faii amount. which was ,o \. : fGll satisfaction of the account, if the deseea,. paid the note by sale of negro or otherwiss ,l. the defendants did pay Ii by sale Of a negro B.e that these facts went in mitigation of aamas.. ,, not in bar of the action; that f they had been ,. ded P'as sHrrien coaf'asaaes, it would have been i. bar.

 The purchase and payment of the price of |, gro pass the legal title to the purchaser. and m tual delivery is not Leccssary to consumma,s "A. sale and purchase.