
    
      No. 5.
    
    GALLUP against BURNELL.
    
      Windsor,
    
    1817.
   WHERE there are mutual and divers covenants between the parties, and to be performed alternately, or at different times, they are considered independent and the plaintiff need not alledge performance on his part; not so, if all the plaintiff’s covenants were to have been-performed, prior to the performance by defendant.  