
    Hopkins vs. Yowell.
    In an action of covenant upon a bond conditioned to convey land, the measure of damages is the value of the land at the time the covenant was broken, with interest thereon.
    This is an action of covenant, brought by Yowell against Hopkins, on a bond executed on the fourth of February 1826, by the latter to the former, by which, in consideration of one hundred dollars, Hopkins bound himself to convey to Yowell twenty acres of land, Cion receiving the consideration aforesaid in full. ” Averment, that the consideration had been paid. Breach, that defendant had not conveyed, though requested to do so. The plea was covenants performed. The proof shows, that the defendant never did convey the land according to the condition of the bond; and that the consideration money had been paid, and a conveyance demanded. The proof also shows, that the land was worth about the money, perhaps less. The judge charged the jury, that the purchase money, with interest thereon, from the time it was paid, was the rule by which they should be governed in estimating the damages. The jury found for the plaintiff, and assessed his damages at the purchase money, with interest from the time of payment. A motion was made for a new trial, which being overruled, thé defendant appealed in error to this court.
   Gkeen, J.

delivered the opinion of the court.

In the direction given to the jury in this case, the court erred. The settled rule in executing contracts is, to give the value of the land at the time the covenant was broken, with interest thereon. It was not broken until Yow-ell paid the $100, which was on the twenty-third of January 1832. If Hopkins had then conveyed, Yowell •would only have been benefited by the value of the land; and as no conveyance was made, he sustains damages only to that amount. It is, therefore, a rule of justice, as well as one of settled law, that the value at the date of the breach should be the measure of damages. The judgment must be reversed, and the cause remanded for another trial.

Judgment reversed.  