
    Young v. Palmer.
    In an action upon the case for selling negroes out of the neighborhood contrary to agreement, the defendant will not be held to special bail, upon an affidavit stating the breach of the agreement, and the belief of the plaintiff that he has sustained damage to a certain amount.
    This was an action upon the case upon a special contract of sale of slaves by the plaintiff to the defendant, in which the defendant promised not to sell them out of the neighborhood, &c., whereby the plaintiff was induced to sell them for less money ; but the defendant sold them, &e., contrary to his agreement.
    The affidavit stated that the plaintiff “ believes ” he could have sold them for four hundred dollars more than he got for them from the defendant if he had sold them unconditionally, and “ considers” that he has sustained damage in the sum of four hundred dollars.
   The Court

(Thruston, J. doubting,)

permitted the defendant to appear without special bail.  