case mason against BELDHAM Trinity term I James roll a assumpsit will lie on  express promise to pay so much rend yearly as the house and mill enjoy by the  defendant shall be reasonable worth post roll Abr cro James cro Elizabeth cro  car hob lev hard Leon skin Mod Mod ld ray ld ray stram term Rep the plaintiff  bring his action against the defendant and set forth that in consideration  that he will suffer the defendant to enjoy a house and three water mill c he  promise to pay so much yearly as they be reasonable worth and aver that they  be worth so much the defendant demurrer the question be whether this action  will lie for rend it be argue for the defendant that it will not lie because  it be a real contract it be true there be a case which seem to be otherwise it  be the case of Acton v Symonds cro car SC Jones SC roll Abr a which be in  consideration that the plaintiff will demise to the defendant certain land for  three year at the rend of twentyfive pound by the year he promise to pay it  this be hold to be a personal promise ground upon a real contract and by the  opinion of three judge the action do lie because there be a express promise  allege which must also be prove but croak justice be of a contrary opinion  croak justice doubt because there be a lease make and a rend reserve by which  the personal contract be determine cro car b Mr pollexfen contra if a lease be  make for year reserve a sum in gross for rend and which be make certain by the  lease in such case a action of debt will lie for the rend in arrear but if  where no sum certain be reserve as in this case a quantum to deserve will lie  and no reason can be give why a man may not have such a action for the rend of  his land as well as for his horse or chamber and judgement be give for the  plaintiff and now by Geo c it shall be lawful for landlord when the agreement  be not by deed to recover a reasonable satisfaction for the land tenement or  hereditament hold or occupy by the defendant in a action on the case for the  use and occupation of what be so hold or enjoy and if in evidence on the trial  of such action any parole demise or any agreement not be by deed whereon a  certain rend be reserve shall appear the plaintiff in such action shall not  therefore be nonsuit but may make use thereof as a evidence of the quantum of  damage to be recover c modern er p