
    [*] J. and I. RUSSELL against SNOOK.
    ON CERTIORARI.
    SnoQk brought the action below against John and Isaac Russell, on the following state of demand:
    I, the plaintiff, plead that Isaac Russell, one of the defendants, bought a stack of hay for two thousand thirty inch shingles, which said. Russell was to deliver said shingles at my own house at the'taking away of the hay, hut never brought the shingles, and afterwards John Rnssell said that if Snook would let his father have the hay, he said that he would see him paid, for which I charge 26 dollars.
    The cause was tried by the justice, who rendered judgment against both the Russells for $20.
   By the Court.

If anything is to be made out from this crude state of demand, it is this, that Isaac Russell bought of the plaintiff below a stack of hay, and agreed to pay for it in shingles, but failed in payment; and that John Russell promised to pay for the hay if the plaintiff below would let Isaac Russell have it. It does not appear that the hay was delivered, but admitting that it was, there was no joint cause of action; the demands were separate and dis-distinct.

Judgment reversed.  