Both objections are well taken. The action is founded on a sealed instrument, and ought to have been covenant. The breaches ought [597] to have been *383assigned, that is, the state of demand [*] should have contained an allegation, that some one or more of the stipulations made by the defendant below, and contained in the agreement, had been broken by him, and how.

Judgment reversed.

Cited in Sayres v. Inhabts. of Springfield, 8 Halst. 166.