case sir baptist hicks against goat Michaelmas term James roll in c b on a  covenant to repay l for every acre of land that a estate on be measure shall  be find want of the number at which it have be estimate aver that it have be  just measure and that it want acre which amount to l a verdict find damage to  l only be good say queen SC roll Abr SC roll Abr SC roll Rep term Rep on a  covenant to pay accord to admeasurement a averment that the land be just  measure and that it be so many acre be sufficient on a covenant to pay so much  for land as shall appear due by admeasurement notice of the measurement be not  necessary error of a judgement in the common plea in a writ of covenant  wherein sir baptist Hicks ad judgement to recover four hundred pound the error  be assign in point of judgement because the plaintiff count upon a writ of  covenant wherein be covenant inter alian whereas the plaintiff have buy of  Henry Fleetwood a wood call Weston park esteem to croak throw be three hundred  acre after the estimation of eighteen foot and a half to the pole at the rate  of one hundred pound for every acre and have pay five and twenty hundred pound  that the say sir baptist Hicks and Henry Fleetwood shall appoint two measurer  the one at the election of Henry Fleetwood the other at the election of sir  baptist Hicks to measure it before the saint of January follow and if there  appear to be more acre at the say measure than the five and twenty hundred  pound amount to that sir baptist Hicks shall pay as much as shall be more  before the end of croak James er p February and if the acre do not amount to  so much as he have pay that then Henry Fleetwood and goat shall pay as much as  shall be want before the saint of may follow and he allege in fact that he  nominate such a measurer and that Henry Fleetwood will not appoint any before  the saint of January that the say measurer just measure it and there be want  seventy acre which amount to seven hundred and fifty pound and that he be  require upon the ten of December James to pay it have not pay it the defendant  take issue that there do not want any acre to amount to the say sum of five  and twenty hundred pound and it be find against he and damage give to four  hundred pound and judgement accord a the first error assign be because it be  not allege that there want so much but that it appear by the measure that  there want so much and it may be false measure but upon the perusal of the  record it be hold to be well enough for it be allege that it be just measure  and that there want seventy acre which be not refer to the measure which  peradventure may be false but it be express aver that there want so much  second it be much insist upon that notice ought to have be give to goat that  so much be want because he be a stranger to the measure and the notice ought  to have be before the day of payment videlicet may James and there be not any  request herein allege until December James which be long after the day of  payment be pass so he take advantage of a covenant break where the defendant  have not any notice give he to perform it say non allocatur for he be privy to  the covenant ought to take notice of the admeasurement as well as the  plaintiff and may have be present at the measure and although Henry Fleetwood  and not goat be to appoint the measurer and do not do it it be his default and  they both be party to the covenant the defendant be as well to take notice  thereof as the other also in point of covenant notice be not to be give as  strict as it be upon a obligation which be in point of forfeiture vide   b  Frances case Edward pl afterward notwithstanding these exception rule be give  that judgement shall be affirm