instructed the jury, that if they were satisfieff,from the evidence, that Dun has substituted Watson for the $600 worth of land in the place of McKay, and had afterwards refused to convey the land, that excused Watson from making any other demand of the deed, and gave him the right to resort at once to his suit, and if that were the case, they sho'uld find for the plaintiff the $600, with interest from the demand and refusal.

Verdict for the plaintiff, $783 and judgment.