Supreme Court of Arkansas January 15, 1848 (Murray v. Clay)

Oldham, J.

It is a principle well settled that where a party has covenanted to do an act, for which he has received a consideration and fails to perform the act, the other party may either bring covenant for the breach or assumpsit to reclaim the consideration. Sugden on Vendors, vol. 1,368-9. Vol. 2,420 (Hammond’s Ed.) Weaver vs. Bentley, 1 Caines 47.