case sand against Trevilian Michaelmas term car roll a attorney may have debt  for his fee and disbursement against he who retain he but for his bill in a  cause for one at the request of another assumpsit only lie ante SC skin cro  James more Com dig hawk p c ld hay term Rep term Rep error of a judgement in  the common plea where Trevilian be a attorney bring a attachment of privilege  against to make sound and demand against he debt of croak car er p ten pound  and declare that he be a attorney there the say sand retain he to prosecute a  suit in the common plea betwixt one Symms and Worlich and desire the plaintiff  to be attorney for Worlich and promise to pay he all his fee and all that he  shall lie out to counsel and officer of the court in that suit and show that  be lie out croak car such sum which amount to the money demand whereupon he  bring this action the defendant there plead nil debet and find against he and  judgement for the plaintiff error be dow assign that in this case debt lie not  against he who so entreat he to be attorney for there be no contract between  they nor have he alley quid pro quo but he ought to have have a assumpsit  because he do it at his request if he for who he be retain do not pay he his  fee and thereto agree all the court but if he shall have debt they doubt but  roll for the defendant in the writ of error show that be well may bring a  action of debt because he retain he which be a consideration in itself and he  rely upon Henry pl if one entreat a carpenter to make such a thing for another  or to serve another for such a time and promise he ten pound debt lie so  Edward pl if one promise one hundred pound if he will marry his daughter be  marry at his request c and be show a precedent Bradford v Woodhouse a wherein  it be adjudge and affirm in a writ of error that debt lie and be say there be  a difference where one be retain general for another with such a promise to  pay his fee and as much as he shall expend in the suit there debt lie but if I  retain one to be attorney for another and promise if the other do not pay that  I will pay there if the party for who the retainer be do not pay a action of  the case lie against I upon my promise and not a action of debt b but here a  action of debt lie but all the court conceive that no action of debt lie here  but a action upon the case only a for the retainer be for another man and be  be attorney for another man who agree to that retainer there be no cause of  debt betwixt he who retain and the attorney and no contract nor consideration  to ground this action and be who be so retain may well have debt for his fee  against he for who he be retain he have agree thereto wherein there can be any  wager of law but against the defendant who be a stranger to the suit and at  who request be take upon he to be attorney debt lie not as Henry pl and in the  case of roll v Germin c it be so resolve whereupon it be adjudge that the  first judgement shall be reverse Richardson chief justice and Hutton and  Harvey justice of the common plea be move herein say that this point be never  move before they d and they be of the same opinion that debt lie not but only  a action on the case see James c and Geo c