“The declaration is in the name of Henry Darst and two others of the same surname, and sets forth, that ‘they, by the name and description of Henry Darst & Co. and the defendant, entered into an agreement under their respective hands and seals,’ Thereof profert is made, whereby they agreed to sell to the defendant certain lands in the state of Ohio, for which the defendant was to pay a certain sum of money, for the breach of which contract this suit is brought. Pleas, covenants performed, and non est factum.”