CLAPCOTT vers davy a award direct the release of a duty without give a  satisfaction for it be not before the release be execute a bar to a action for  such duty Indebibatus assumpsit and quantum to deserve for work do and good  sell and deliver the defendant plead a award by which it be award that the  plaintiff for the work do c shall accept a bill of sale before make of the  eight part of the ship fortune or a like bill of sale to be make and that the  plaintiff and defendant shall give to each other general release the plaintiff  demurrer and Mr Branthwaite for the plaintiff take exception to the plea that  the award be plead to extend to all the promise whereas it appear that it  extend but to the work do and therefore the defendant shall have plead non  assumpsit to the promise for the good sell and deliver and for want of this  the plea be ill for a award be no plea in bar unless something be award in  satisfaction of the plaintiff demand and nothing be award for the good sell  and deliver it be ill for though there be a general release Lord Raymond award  yet of itself that will be no bar accord to the case of freeman v Barnard Trin  will B R ante though the sue of a action in such case may be a breach of the  award upon which the defendant may bring his action exception that the award  be that the plaintiff shall accept the bill of sale and the defendant be not  award to deliver it and so nothing be award to the plaintiff in satisfaction  for the work do and he compare it to the case of sand Yelv and holt chief  justice say that nothing be award for the good sell and deliver and therefore  the case the same with that of freeman v Barnard nothing be award for that but  a general release if the bill of sale have be award in full of all demand it  have be good but this release award here be not a perfect bar until it be  execute and as to the other matter he say that the defendant be not enjoin to  do it which be the only satisfaction that the plaintiff shall have but the  award be only that the plaintiff shall accept and then the plaintiff can be  bar nothing be award to be do by the defendant in satisfaction Lord Raymond er  p afterward at another day absent holt chief justice Mr sergeant Carthew urge  that if the first objection shall be allow the declaration may be so vary as  to make no award pleadable to the second objection he cite a case very late  adjudge in the common plea between Hooper and burst where a award be that the  defendant shall pay to the plaintiff and fetch away his mare and colt and upon  exception it be hold to be mutual and imply a delivery by the plaintiff and it  be adjudge accord for support of honest award but Mr Branthwaite answer that  the word of the award be that the work do be rate at and that for that the  plaintiff will accept a bill of sale c n wonder no action for good sell and  deliver can be bring for work do and per gold justice it be without doubt that  if nothing be award but the general release the plea will he will then leave  they out of the case this award can extend to this demand for though it be  object that the good sell and deliver be the same demand with that for work do  yet the court can take notice of that upon such generality but if the  defendant have show it by particular averment it may have be construe to be  within that part of the award and averment be admit in plead to make a award  good the second objection seem to be a good objection for a award can be make  good by implication if the defendant will not have Lord Raymond deliver the  bill of sale the plaintiff can not have assign a breach of the award by  implication and judgement be give for the plaintiff absent holt chief justice  ex relation mri Jacob