
    DUNKLE v. JONES.
    Assumpsit — agreement to pay in land — liability for the money, if neglect.
    Where one having the money of another gets the privilege of paying by a conveyance of land, which he neglects to do, his liability for money remains unaffected by such privilege.
    Assumpsit. Upon an agreed state of facts, it appeared that the defendant had received one hundred and seventy-five dollars for the plaintiff’s use, and had afterwards agreed that he would come to Washington and convey him land for it, which he has not done.
   By the Court.

We see no ground for refusing judgment for the plaintiff. The defendant received the plaintiff’s money, - and he gave him the privilege to -pay it, by a conveyance in land, which he has not chosen to avail himself of, so the liability for the money remains in full force.  