
    Smith v. Leavensworth.
    In an action for damages for not delivering specific articles, which were to he delivered on demand, a special demand is necessary.
    AotioN of the case, upon a certain receipt or writing, dated 11th September, A. P. 1786; wherein among other things, the defendant promised to' return a certain Virginia land warrant, for 3,000 acres of land; or another of equal value upon demand; which the plaintiff avers he has never done, although often requested and demanded, etc.
    Demurrer — And for cause of demurrer the defendant assigns, that no special request is laid in the declaration.
    Judgment — That the declaration is insufficient.
   By the Court.

Tbis action is not for tbe warrant, but to recover damages for tbe breach of contract, in not delivering tbe warrant; wbicb could not happen until tbe warrant bad been demanded. Dean v. Woodbridge, determined at Norwich, last March term, is in point.  