case martin against david bower easter term Elizabeth roll in the exchequer  Chamber see Goodwin v Robarts lr ex App Cas plead in assumpsit in a bill of  exchange post salk Mod Lut hard Cowp in a assumpsit on a undertake to pay the  value of so much English in Spanish money a averment that he give a bill for  so many dollar call rial of eight the money of Spain be sufficient Com dig  assumpsit whereas Nicholas saltar be indebt to Alexander Harris be at Aleppo  in Spain in S d amount to dollar call rial of eight money hispaniae and  Alexander Harris agree with the defendant that Nicholas saltar shall pay to he  that S d in England and that the defendant shall pay to he the value of that  money at Aleppo in Spain and thereupon deliver to the defendant a bill of  exchange require Nicholas saltar to pa that money accord in consideration that  the plaintiff at the defendant request will deliver that bill to the say  Nicholas saltar and receive of he the say S d and in consideration that the  plaintiff will deliver to the say Nicholas saltar a bill of exchange sign with  his hand secundum use trader require the defendant to pay to the say Alexander  Harris the value of that S d in Spanish money at Aleppo and in consideration  that the plaintiff will assume to the say Nicholas saltar that the defendant  shall pay to the say Alexander Harris the value of the S d in Spanish money at  Aleppo accord to the say bill the defendant assume that he will pay to the say  Alexander Harris the value of the say S d in Spanish money at Aleppo prout by  the say bill of exchange by the plaintiff to be make shall be appoint and  allege in fact that he deliver to the say Nicholas saltar the say bill of  Alexander Harris and receive from he S d to the defendant use and deliver to  he a bill sign with his hand direct to the defendant request he to pay to the  say Alexander Harris at Aleppo dollar call rial of eight money hispaniae and  that the plaintiff assume to the say Nicholas saltar that he the defendant  will pay to the say Alexander Harris the say dollar call rial of eight money  hispaniae accord to the say bill and that the defendant have not pay they c  the defendant plead non assumpsit and it be find against he to the plaintiff  damage of three hundred pound and judgement accord a writ of error thereof be  bring in the exchequerchamber and assign first because the consideration be  executory which ought to be precise allege to be perform accord to the  agreement and they be not perform accord to the agreement croak throw for he  ought to have give a bill of exchange sign with his hand secundum use trader  and if it be not so he be not bind to pay it because it vary from his  agreement second because his assumpsit be that if he give his bill direct to  the defendant to pay the value of S d in Spanish money c and assume that the  defendant shall pay that value of S d in Spanish money c that he will pay it  and he do not pursue this agreement for he give his bill to pay dollar call  rial of eight which be not accord to the agreement for he thereby tie himself  to pay that kind of money and not general the value of S d and so it vary from  croak James er p the agreement which he be not bind to perform as if the  promise have be that if he give his bill that I shall pay the value of l in  English money I will pay c and he give his bill that I shall pay the l in  spurrials I be not bind to perform it for where I have election to pay it in  any money he tie I to pay it in that kind of money only so as he take from I  my election in what money I will pay it and make I peradventure to be at the  charge of exchange it into that money say non allocatur because it be aver  that dollar c be of the value of S d therefore it be all one and shall not be  intend that the payment of they in other money shall be prejudicial to he  wherefore without hear any argument or great deliberation the judgement be  affirm note these exception be not move in the king bench