delivered the opinion of the Court:

v It is clear from the authorities, that the present action affirms the sale; therefore, it cannot be sustained before the term of credit expires. An action for the breach of .contract, in not giving the bond, or for not returning the tnare, would have been the proper remedy. The principles which govern this case are well established and clearly laid down, in 4 East, 147, and 3 Bos. & Pull. 582. As, therefore, tins action was commenced before the cause of action occurred, a nonsuit must be entered.