case stafford against beneath in action upon speciality or contract where the  sum be certain the plaintiff can abridge his own demand without show how the  rest be satisfy but in action that lie in damage it be otherwise a action of  debt for fifteen pound the plaintiff declare upon two demise and that upon the  one demise there be ten pound rend behind and upon the other twelve pound to  this the defendant demurrer afterward the plaintiff enter a remittitur for all  that appear due from the declaration over and above the fifteen pound demand  in the writ it be argue for the defendant that suppose the declaration nought  the remittitur will not help it in the case of duppa v Mayo a sand a it be  express resolve that a remittitur in such a case will signify nothing at all  and the reason give for it be because a man that have a good cause of demurrer  at the time of his demurrer may by this mean be trick out of it to prove the  declaration have this ground be lie down that in a action of debt for rend the  plaintiff can abridge his own demand without show how the rest be satisfy in  the case of Pemberton v Shelton a cro James a this difference be take that  where a action be ground upon a specialty or upon a contract where the sum be  certain or upon a statute which give a certain sum for the penalty no demand  can be of a lesser sum without show how the rest be satisfy but where a person  if be recover be to recover not a sum certain but accord to what a jury will  give not accord to his demand in the declaration but accord to the verdict  there it be otherwise in the case of Thornton v Kemp b cro b the abate of ten  pound not show how be adjudge nought in the case of hulm v sander c lev c in a  action of debt for rend the demand be modern report for a hundred pound and by  the declaration it appear that a hundred and eleven pound be due the court be  of opinion though after a verdict that the judgement ought to be reverse in  the case of Bolton v lee d lev d hale chief justice take the difference  between covenant and debt beforementioned in the case of Pemberton v Shelton  and hold that even in covenant upon special demurrer such demand be nought the  court be of opinion for the defendant and think the difference take between  action bring for a sum certain and action that lie in damage to be good law  they say that upon this declaration they can give judgement for no less than  twentytwo pound which be more than be demand in the writ as for the remittitur  if that can have alter the judgement the court may have do it without Eyre  justice desire the counsel before they speak to it again to consider of two  case that he take to be case in point for the defendant videlicet the case of  young v Watson e cro Elizabeth e and the case of Staughton v Newcombe f cro  Elizabeth f Adjournatur