“This was an action of covenant for nonpayment of a certain sum of money, the consideration for a tract of land lying in the state of New York. The declaration set forth the agreement under seal, bearing date the 23d of June 1823, by which the plaintiff covenanted to convey to the defendants a certain tract of land in the state of New York, on the 1st day of April following, and, on the same day, to assign to the defendants a certain lease of a blacksmith’s shop, and also to deliver possession of the premises to be conveyed, on which day the defendant covenanted to pay the sum of $2500, the sum sued for in this action. The plaintiff further covenanted to plough and to sow bn the land, during the fall of 1823, twenty acres in wheat, and twenty in rye. The declaration averred that the plaintiff was on the land during the whole of the 1st of April, with a deed of conveyance fully executed, ready to deliver the same to the defendants, and also to deliver possession according to his agreement, but that the defendants did not come to receive the same.”