case bradford against woodhouse Hilary term James roll a attorney or solicitor  may have either debt or assumpsit for his fee against the agent by who he be  retain roll ab more cro Elizabeth Jones roll Rep cro car hob Allen skin raym  Carth error of a judgement in the common plea upon a nothing to say the error  be assign because Bradford be a attorney have bring a action of debt there and  demand ten pound upon eight several retainer first because the defendant there  as solicitor to sir Thomas Elvis retain he to prosecute a original writ of  trespass for the say sir Thomas against one Williamson and to be attorney for  the say sir Thomas Elvis Interrog  to please the plaintiff and defendant to  take in hand his fee and expense of suit of he and allege that he prosecute  the say writ which continue three term and that he have lie out therein to  diverse officer S d and S be due to he for his fee so as S d be due to he per  quod action c the second retainer be by he for the say sir Thomas Elvis to be  his solicitor in the king bench Interrog  to please the plaintiff and  defendant to take in hand his fee c and allege that the suit continue there  for four term wherein he be solicitor and have therein lie out such a sum to  the officer c for which c et such de other but three of they be upon his own  retain the plaintiff in his own action it be move that the judgement be  erroneous for although a attorney may have debt for his fee add sum of money  which he disburse yet it ought to l e against he for who he be attorney who be  the master and not against the servant or solicitor who only retain he and who  have not any profit thereby nor be there any consideration for which he will  be charge but upon the first motion absent Doderidge it be overrule upon read  of the record that the servant retain he croak throw to take in hand of he the  say fee it be a good contract and that the action well lie and it be therefore  compare to the case where one promise to a surgeon ten pound for cure another  or to a carpenter to make a house for I S he will pay for it and to Simpson  case a where one promise to a tailor that if he will make a garment for one of  his servant he will pay he that a action of debt or a assumpsit well lie in  such case so here because these be act as act do by he who make such a  contract and they be lawful act but to maintain such a suit for another be not  lawful and the judgement without any further day give be affirm vide dyer