
    GEORGE WINEBRINNER, vs JOHN H. HANNA.
    
      On appeal from a judgment of the Franklin circuit court.
    
    A breach of one independent covenant cannot be plead in bar to an action brought for the breach of another, though they were the considerations of each other.
    
      12 June, 1820
   Judge Owsley

delivered the opinion of the court.

According to the case of Sanders against Beall’s adm’r, 4 Bibb, 342, the circuit court decided correctly in sustaining Hanna’s demurrer to Winebrinner’s plea, alledging a failure to perform a covenant contained in a different instrument to that upon which this action was brought, although the covenant set up in the plea formed the consideration of the note upon which Hanna’s action is founded.

Talbot for appellant, Bibb for appellee.

The judgment must, therefore, be affirmed with cost and damages—  