case the queen against brown to a indictment for not repair a highway a plea  that the inhabitant of a particular district ought to repair it be a admission  that the way be a highway the defendant be indict for not repair a highway he  plead that the inhabitant of d ought to repair it without hoc that he ought  whereupon issue be join the defendant offer to give in evidence that it be not  a highway but the verdict be against he and that point save at the assize of  York for the opinion of this court this term it be resolve by Powell powys and  gold justice upon the motion of lutwych that this ought not to have be give in  evidence because the defendant have confess it to be a highway by his plea for  if he will have contest that point he shall have plead not guilty case LEUKNOR  against plant declaration in case against a common carrier hold good after  verdict although the breach of the agreement be not precise state case the  plaintiff declare that the defendant Sarah be a common carrier and use to  carry good pro mercede between Worcester and Litchfield modern report the  plaintiff deliver to her a guinea to carry and deliver to her son Thomas and  that Sarah the defendant in consideration of so much for carriage promise the  plaintiff Alice quid self eaden Sara denar prd c salvo to bear et the same  eiden t cum postea requisite be to weigh well prd yet Sara non deliberasset  listen eaden Sara spius per the same aliciam requisite to be send ill eiden  Alici deliberate prfat Sara entirely object c after verdict for the plaintiff  it be move in arrest of judgement and object by Mr Raymond that the  declaration set forth no breach of promise for there be no request to pay to  Thomas to who the money be to be deliver and if no breach then no cause of  action and though the plaintiff in this case may have countermand the gift any  time before a action bring by Thomas and consequent may have have a action for  it against the defendant yet that action must not have be case but trover or  detinue and therefore here be no foundation for this special action without  show a request to deliver it to Thomas say per curian it be say general that  she request the defendant to deliver it though not say to who and it be after  verdict they hold it well and give judgement for the plaintiff holt groto