clix rivet and RIVETTS case assumpsit request Edmund rivet bring a action upon  the case against George rivet and declare that where it be pretend by the  defendant that one r make his will and by the same devise certain legacy to  the defendant and the plaintiff upon that have sue in the prerogative court of  Canterbury for to disprove the say will and if be pursue fuisser he may have  disprove the say will and so defeat the defendant of his pretend legacy the  defendant in consideration that the plaintiff ultra non to go before do  promise to give to the plaintiff one hundred pound and aver that he have  surcease his say suit and further declare that although the Leonard er p  defendant ad hoc require to be tali die year c it be move in arrest of  judgement that here be not any consideration for the defendant have not any  mean to compel the plaintiff for to surcease his suit for there be not any  cross promise set forth in the declaration and although that he do surcease  his suit yet he may begin the same again and therefore the plaintiff ought to  have show in his declaration a release or other discharge of it as the case be  Elizabeth report by Bendloe a be bind unto b in twenty pound and afterward a  promise b that in consideration the say a shall not be damnified by reason of  the say bind to give the say b To give back and upon that promise b bring a  action upon the case and show that the defendant be not damnified by reason of  the say bind but it be adjudge that the action be not maintainable upon that  matter because that the plaintiff do not show in his declaration that he have  release or otherwise discharge the defendant of the say bind and so no  consideration in the case another exception be because the request be not lie  certain but general although require and do not say by who he be require or  what thing to do and afterward a precedent be show Trinit Elizabeth rot  betwixt smith and smith a assumpsit in consideration that the plaintiff shall  not implead the defendant upon bind and the plaintiff have judgement to  recover and as to the request it be say by kempe that there be many precedent  that a request general lie be sufficient and afterward in the principal case  judgement be give for the plaintiff Owen trin Elizabeth in the king bench