ccccx simmes and WESCOTS case in a action upon the case the plaintiff declare  that in consideration that he will marry the defendant daughter the defendant  promise to give he and also to procure he all the corn grow upon such land and  to provide necessary for the wedding dinner the defendant do confess the  communication betwixt they and that be promise to give the plaintiff so as he  will procure a lease of certain land to his daughter for her life without hoc  that he promise modus form the jury find the promise of the but not any other  thing it be move in arrest of judgement that Leonard the assumpsit whereof the  plaintiff have declare although it consist of diverse thing yet it be entire  and if the whole be not find nothing be find and the case of e be cite touch  variance of contract as where a action of debt be bring upon a contract of a  horse and the jury find a contract for two horse the plaintiff shall never  have judgement on the other side it be say that the plaintiff shall recover  damage for the whole that be find I for the see h Br issue in a action upon  the case the plaintiff declare that the defendant do promise to deliver four  woollenclothes the defendant plead that he do promise to deliver four  linenclothes without hoc that be promise c the jury find that the defendant do  promise to deliver two woollenclothes and the pIaintiff do recover damage for  the two so in waste the waste be assign in succidend oak upon which they be at  issue the jury find but be oak the plaintiff shall have judgement for so much  and shall be amerce for the residue gawdy justice here be several assumpsits  in law as Br man action sur Le case a man in consideration of a marriage  assume to pay per annum for four year two year incur the party bring a action  upon the case for the arrearage of the two year Wray in l action upon the case  the plaintiff ought not to vary from his case as if a promise be ground upon  two consideration and in a action upon it the plaintiff declare upon one only  he shall never have judgement and here the jury have not find the same promise  Clench if promise be make to deliver a horse and a cow and the horse be  deliver but not the cow the party shall have a action for the cow but he shall  declare upon the whole matter and afterward judgement be give quod to express  grief nothing to take in hand per billam cro trin Elizabeth in the king bench