case stafford against BOTTORNE Hilary term Elizabeth roll in a assumpsit on a  promise to make such a assurance as the plaintiff c sell shall advice it be  sufficient to state that the counsel advice the plaintiff and that the  plaintiff give notice of it to the defendant post   a Lut Mod ante   a   light  a assumpsit for that the defendant upon such consideration promise to make to  the plaintiff such assurance of the rectory during their joint life as shall  he devise by the counsel of the plaintiff and allege in facto that one Jo  morris be of his counsel and that he give his advice that the defendant shall  make a lease by indenture c and that the plaintiff himself postea a put l  dedifnotitiam to the defendant of the advice of the say Jo morris and require  he to perform it which he have not do after verdict Godfrey move in arrest of  judgement that the counsellor be to give notice of the advice to the defendant  and not to the plaintiff for perhaps he will not speak it true and the  defendant be not bind to give credit to his report and so be Henry pl coke  contra for be the counsellor of the plaintiff he be to give his advice to the  plaintiff and he to notify it to the defendant Henry Edward pl Henry pl and  the defendant be not at any mischief for he be not to do it without notice and  if notice he give he be to do it at his peril if it stand with the agreement  and if the plaintiff give notice to make such a assurance and he do it  although it he not advice by counsel this shall excuse he and if the plaintiff  shall afterward say that the counsel advice any other assurance he need not  make it for the plaintiff be not to vary from his first request Popham chief  justice if the word be that he shall make such a assurance as the counsel of  the plaintiff shall advice the defendant it be no doubt but the counsel must  notify it to the defendant and if the word be as the counsel of the plaintiff  shall advice he it be no doubt that notice be only to he give to the plaintiff  but the word here be as by the counsel of the plaintiff shall he devise which  do stand indifferent and he conceive it sufficient to he give to the plaintiff  and he shall give notice thereof to the defendant for in the performance of  every condition every one be to perform that which croak Elizabeth lie in his  notice and therefore if the promise he that you shall make such assurance as  my counsel shall advice you I ought to give notice who be of my counsel it be  rule in a Wiltshire case where one make a lease for year with a proviso that  if he tender ten shilling at the cathedral church of Sarum at any time during  the term that the lease shall he void he be bind to give notice to the lessee  when he will he there to tender for the time be incertain vide Elizabeth d er  another case be rule that if one he oblige to another to pay so much to he  when he come next to Paul he ought to give notice when he will come next  thither so here it be to he expound with reason for the counsel of the  plaintiff be not bind to travel to seek the defendant and if he give counsel  to the plaintiff and he give notice to the defendant this be sufficient and  there be no mischief to the defendant for if the plaintiff do report it to he  false yet if the defendant do perform it it be sufficient and he can vary from  it but have dispense with the defendant for any other and shall not say  afterward that the defendant have do it accord to the advice and this be the  sure way of that opinion be Fenner and Clen absent gawdy and it wcv afterward  djudged for the plaintiff vide   b croak Elizabeth er p