case the lady SHANDOIS against Simson Trinity term Elizabeth roll if a person  request another to embroider a gown for the servant of his daughter either  debt or assumpsit lie against he for the price of the labour ante Allen roll  Rep Com dig Bac ab a venue need not he lie in debt where the consideration be  not executory for it be not traversable Carth ld raym see pound car c a  declaration for work and labour need nor allege on who property it be do Com  dig error of a judgement in the common plea where the plaintiff declare in  debt for upon several retainer to embroider diverse gown croak Elizabeth er p  the first error be that the plaintiff declaration be not good because he  declare inter alian that the defendant retain he such a year day and place to  embroider a satin gown for a maidservant of her daughter and to take for the  same S and the embroider of another gown be not a good consideration say non  allocatur for inasmuch as he do it upon her request it be a sufficient  consideration second it be allege that debt lie not in this case but a  assumpsit only for here be not any contract betwixt they nor quid pro quo and  therefore NelsA case Elizabeth be cite that where one retain Nelson to he  attorney for another in such a suit and agree that he shall have so much for  his labour he bring debt against he who retain he and not against he for who  he be retain and it be adjudge that it lie not for it be not any contract  hetween they but a assumpsit lie only because he hecame at his request the  other man attorney say non allocatur for here the embroider of the gown at her  request be sufficient and it be at his election to have debt or assumpsit as  Henry pl Edward pl Edward pl buyer and Wootons case three because there be not  any place all dged where he shall embroider it nor that it be do before the  action bring and it be traversable that he do not embroider jt and then there  be must any place for the venue wherefore the declaration be not good say non  allocatur for he can traverse but ought to have plead non dehet and he need  not allege the place where he do it for it may be do in diverse place and it  shall he intend to he do where the retainment be and it be not requisite that  the time of the embroider thereof ought to be precise allege for it shall he  intend to he before the action bring otherwise he can not have have his action  and the prothonotories of the common plea certify that it be not their course  to allege the day or place of the performance of a contract wherefore the  court hold it to he well enough especial as the case be here where the party  defendant do not take issue thereupon but let pass the advantage thereof and  be condemned by a nothing to say as here she be fourthly because he declare  that the defendant retain he such a day year and place to embroider a gown of  black velvet take for it l and he allege that he embroider it but say not that  it be the defendant gown or what gown he make and it may be that it be the  plaintiff croak Elizabeth gown and then there be not any cause of action say  non allocatur for the plaintiff need not take notice who gown it be but it  suffice for he to embroider the gown show he and it shall never he intend that  it be the plaintiff gown which he be hire to embroider wherefore the judgement  be affirm