DORSEY v. CAMPBELL. 357

After which the parties, by agreement, admitted sundry facts
and some exhibits which had been previously filed; and the case
was brought before the court for final hearing.

14th January, 1825.—BLAND, Chancellor.—The arguments of
counsel having been heard in this case, the proceedings were read
and considered.

It appears, that Campbell & Ritchie being seized of two tracts
of land, sold them, clear of all incumbrances, to Dorsey, for the
sum of fourteen hundred and sixty-two dollars and fifty cents, to
bear interest from the eighth day of June, 1815, when the purchaser
was put into possession, until paid. So far the case admits of no
difficulty.

As to the manner in which Dorsey was to make payment to
Campbell & Ritchie, the receipt or agreement of the 12th of July,
1816, is expressed in these words : " And for which they are to be
paid in bonds, notes, and other claims endorsed by C. Dorsey, Esq."
And the assignment of the same date, made by Dorsey, is expressed
in these words : " I hereby assign unto Henry Chapman, Esq., for
the use of Campbell & Ritchie, the above causes of action, which
are supposed to be correct, with an understanding and agreement,
that I am responsible for their eventual solvency." The general
expressions, "to be paid in bonds, notes, and other claims,"
without any distinct specification, can only be understood as an
indication of the character of the fund which was to be placed by
the plaintiff under the legal command of the defendants to the full
amount of the purchase money. If Dorsey had failed or refused
to place in the hands, or at the disposal of Campbell & Ritchie,
choses in action to the full amount of the purchase money, then he
would have been liable for the whole, or pro tanto, on the ground
of a non compliance with his contract. If there had been nothing
added to this general specification of the fund, out of which pay-
ment was to be made, the contract might have been considered in
the light of an exchange or barter of one article of value for
another, deemed to be of equal value,—a conveyance of land in
consideration of an assignment of choses in action only,
the further responsibility of the assignor.

But the contract informs us, that the payment was to be made,
" in bonds, notes, and other claims, indorsed by C. Dorsey, Esq. ;"
and also that Dorsey expressly says, " I am responsible for their
eventual solvency." The fair, clear sense of these expressions
removes every difficulty. Dorsey was to have the privilege of