
    Wigg against The Executors of Garden.
    THIS was an action brought upon a bond payable in indents 5 and the jury in making up their verdict, estimated the value of the indents at the time they were to have been delivered*
    
      Holmes now moved for a new trial, on the ground that the jury had gone upon a mistaken principle, viz. that they ought to have given the value of the indents at the time the contract was mude7 and not at the time it was to have been performed; which, he contended, was the true measure of damages.
    
      Where a bond is given payable in indents, the true measure of damages is the value at the time they were to have been delivered, and not the value at the time of making the contract»
    
      See this case, ante.
    
    
      Pringle was going into his reply, when
   The Court

(present, Rutledge, Ch. J. Grimke, J. Waties, J. and Bay, J.)

stopped him, and said it had been determined over and over again, that in all cases where a bond or agreement is entered into for the delivery of a specific thingy the true measure of damages was the value of the thing at the time it was to be delivered. The case of Davis v. The Executors of Richardson, was full in point, and had been decided on wise and legal principles; and many others since.

Rule discharged,  