case may against king to a indebitatus assumpsit for forty pound for work and  labour a plea that there be mutual deal between the plaintiff and the  defendant that they account together and that thereupon the defendant be find  in arrear only five pound c be have modern report er p for it amount to the  general issue and may be give in evidence thereon S c comy Rep S c ld ray  Indebitatus assumpsit for forty pound for work do and quantum to deserve for  the same the defendant plead that there be mutual deal between the plaintiff  and he they come to a account and that it do appear on the account that the  defendant be in arrear to the plaintiff but five pound which he promise to pay  he in consideration whereof the plaintiff do discharge he of the say debt and  claim to this plea there be a demurrer it be now argue for the defendant that  a promise before it be break may be discharge by another promise and a case in  Trinity term in the twentysecond year of Charles the second be rely upon and  it be this a man sell a horse to another for twenty pound and there be other  deal between they and upon reckon together it be agree between they that he  that sell the horse owe to the other five shilling and no more and in debt  bring for the horse this special matter be plead and hold a good bar vide Mod  Mod and in many case else one may confess and avoid the cause of action or  else plead general and give it in evidence as in maintenance one may confess  and avoid it by say he be a counsel at law and do it for his fee Edward and  yet this will be good in evidence upon a not guilty cro to a action for a  malicious prosecution probable cause of suspicion be a good plea though it may  be give in evidence upon not guilty plead cro Br maintenance   Henry that one  may plead the maintenance be for his fee or general not guilty and give it in  evidence and the diversity be say to be where the fact be complicate modern  report and may be apt to inveigle the jury there that the court may be the  better able to direct the jury the special matter may be plead and here it be  say that the defendant give colour to the plaintiff for we agree there be a  cause of action once but that it be now go by the account and former the  special matter use to be plead in trover and hold well as that the good be buy  in market overt whereby the property be allow once to have be in the plaintiff  holt chief justice it be true that a promise before it be break may be  discharge by a parole agreement but after it be break it can be discharge  without deed by any new agreement without satisfaction as by accord with  satisfaction or by release in write and it be likewise true that sale in  market overt be a good plea in trover but if one bind himself in a bind for  the payment of twenty pound to a by a day certain and a buy a horse of the  obligor of the value of twenty pound before the day and then they two account  together and twenty pound be set and agree for the horse in a action bring  upon the bind he can plead the general issue yet he may plead to loosen ad  diem and must not plead it by way of account but it must be plead accord to  the operation it have in law and that be to be a payment and so here as if  tenant for life grant his estate to he in reversion it be a surrender and must  be plead as such and not by way of grant so here to plead this by way of  account when the operation in law be payment will be ill and per Self if there  be two dealer and without come to a account they agree to be clear against one  another it will not be well without come to a account and the case quote out  of the modern be the first of this kind and by my consent shall be the last  and to plead it as a account be but argumentative of payment which be direct  and therefore not to be allow nor need this be show for cause of the demurrer  and this be nothing like debt upon a simple contract to which it be a good  plea that the defendant have give his bind for that debt and that the  plaintiff do accept it in satisfaction a or where upon a general issue that  matter may be give in evidence for the bind be no payment of the original debt  but a thing of a high nature which extinguish it and per curium judgement for  the plaintiff b a ante b and see the case of roll v barn black Rep where it be  say to have be hold by the court on the authority of Adderley v Evans in  Hilary Geo that accuse computassent be not a good plea in bar to a action on  assumpsit for though true it do not extinguish the original promise modern  report er p