Opinion
(Fall Riding, 1804.)
If one bind himself to procure a tract of land for an infant by the time he comes of age, and fail in the performance, the infant is entitled to damages according to the value of the land when he arrives at age.
THE Court granted a new trial, because General Person, the intestate, being bound by his promise to procure a tract of land of a certain description for the plaintiff, by the time he should come of age, and having not done so, the jury should have assessed damages according to the value of such lands at the time of his arriving at age; whereas they assessed them by taking the value at the time of the verdict.
And we will not require of the defendants, as a condition of the new trial, that they should not insist upon the act of limitations.