By the COURT.
The case has been well argued at the bar; and the Judges have enjoyed an opportunity to consider it, with more deliberation, than could be bestowed upon it, during the trial.
We are now convinced, that the principal point of law, should have been differently presented to the jury. It is clearly in favour of the defendants; and ought to have been so stated in the charge.
The construction of the agreement, however, is a distinct subject...
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