Brown v. White, in Error, 3 Blackf. 431

Brown v. White, in Error. BASIL BROWN and George W. L. White were partners in a certain business, and dissolved their partnership in February, 1833. By the

article of agreement dissolving the partnership, Brozan, in consideration of White's relinquishment.of his interest in the partnership property, agreed to pay White 600 dollars, one half in the month of June following, and the other half within twelve months, and to discharge the debts of the firm and indemnify White from the payment of the same: “For the performance of which,” as the agreement stated; “Brozan was to give to the said White security.” In an action of covenant by White against Brozan on this agreement, in which the plaintiff averred performance of his part and recovered, the following points were decided:— 1.

The security contemplated by the agreement to be given by Brozan, was for his payment of the .600 dollars, as well as for his performance of the other covenants. 2. For a breach of any of Brown’s covenants in the agreement, a suit might be sustained against him by White, without an averment in the declaration that a performance had been previously requested. ■ 3. Promissory notes executed by Brown alone, were not the security for the payment of the 600 dollars, which wás required by the agreement, J. Morrison, for the plaintiff. C. Fletcher and W. Quarles, for the defendant.