1102 PLEADINGS, PRACTICE AND PROCESS AT LAW. [ART. 75.

23. That the plaintiff and defendant, by their agreement in

writing, referred the matters therein mentioned to arbitrators;

and the arbitrators have made their award in writing, that the de-

fendant pay the plaintiff the sum of $——, which the defendant

has failed to do.

[Where the award is not for the mere payment of money as
above, but for the performance of some act by the defendant,
that act must be stated in place of the italic line; and where the
plaintiff also is to perform some act, either precedent or concur-
rent, a general averment "that he has performed (or is ready to
perform) all on his part," after the statement of non-performance
by the defendant, as above, shall be sufficient.]

24. That one W. T. owed the plaintiff the sum of $——, and
the plaintiff was about to sue him to recover the same. And in
consideration that the plaintiff would forbear to sue the said W.
T., the defendant agreed to pay the same to the plaintiff, and the
plaintiff did forbear to sue the said W. T., and the defendant has
not paid the said sum of $——.

Bushy v. Conoway, 8 Md. 55. Bowen v. Tipton, 64 Md 285.

25. That the plaintiff purchased of the defendant a thousand
bushels of wheat for the sum of fifteen hundred dollars, to be
paid for on delivery thereof; and the defendant promised to deliver
the same on the ———— day of ————, at the defendant's ware
house, in the city of Baltimore; and on said day, the plaintiff de-
manded said wheat at said warehouse, and tendered to the de-
fendant said sum of fifteen hundred dollars, in payment for the
same; and the defendant refused to deliver the said wheat to the
plaintiff.

Form on Bill Obligatory, or Bond.

26. —— County, ss: A. B., by S. T., his attorney, sues C. D.
for that the said defendant by Ids writing obligatory, dated————
day of ————, in the year eighteen hundred and ————, prom-
ised to pay the plaintiff the sum of $ ——, and hath not paid the
same or any part thereof, and the plaintiff claims therefor the
sum of $ ——.

S. T., Plaintiff's Attorney.