case eagle against vale easter term James roll if two person have deal and  make up their account a assumpsit will lie against he who owe the balance post  Yelv cro car roll ab Bulst salk Cowp to Rep a jury may assess damage as far as  count for and also cost beyond that sum post Yelv roll ab   cro Elizabeth Com  dig salk dougl term Rep a action will not lie before the cause of action arise  post Yelv cro car lev Carth show cro Elizabeth side vent Mod Mod strange  strange Wilson Cowp dougl error of a judgement give in Coventry in a assumpsit  the first error assign be for that the plaintiff declare whereas the plaintiff  and defendant march Elizabeth account together for diverse sum of money  receive by the defendant and the defendant be find to be in arrear ten pound  that the defendant in consideration thereof assume to pay that ten pound on  the that of march follow and allege in fact that he have not pay whereupon he  bring that action whereas there be not any consideration nor cause to ground  such a action for the be find in arrear be not any cause to make a special  promise nor be there any thing do on the plaintiff part whereupon this promise  shall be ground videlicet the forbear of the suit or any such thing say non  allocatur for the debt itself without other special cause be sufficient to  ground the action a second error assign be because he declare to his damage of  ten pound and upon non assumpsit plead the jury assess damage to ten pound and  cost to thirteen shilling and fourpence so that the damage and cost assess by  the jury exceed the damage whereof the plaintiff count and judgement be give  accord which be error Sed non allocatur for if the cost have exceed the damage  whereof the plaintiff count yet it will not have be not error for although the  entry be always of damage and cost by the name of damage yet they be distinct  and even if the jury have find more damage than the plaintiff count and  judgement have be give although that have be erroneous vet in find more cost  than the damage croak throw amount to for it may be that the cost of suit  through long dependence exceed the debt it be not error vide Henry pl Henry pl  Edward pl a three error assign be because the promise be march Elizabeth for  payment upon the that march follow and the action be bring that march Eliz so  it be bring three day before there be any cause of action and this be hold to  be a manifest error and for this cause the judgement be reverse in Michaelmas  term James roll reward v Davie accord of judgement in the common plea where  the judgement be affirm and in Trinity term Henry roll wright v Whitfield  accord croak James er p