
    [763] SMITH against BROWN.
    OS CERTIORARI.
    It was objected to the state of demand before the justice, that it was for debt and damage, which could not be joined in one action.
    
      M’llvaine, for plaintiff.
   By the Court.

If the damage demanded was for a tort, the objection would be well founded; but in this case, the damage demanded was for not performing a contract; the whole is in contract.

Judgment affirmed.  