case Bateman against elmam Trinity term Elizabeth roll good deliver upon a  conditional bargain and sale may he recover by delinue though the v  enirefacias be in debt but if the jury dohot find the good to he the same as  those in the indenture it be fatal delinet and count that he16th February  Elizabeth deliver to the defendant diverse parcel of plate videlicet a basin  and ewer a silver bowl and diverse other parcel to he restore upon the croak  Elizabeth that may ensue and that the defendant detain they c the defendant  plead non delineate the jury find a special verdict that the plaintiff be  possess that February Elizabeth and by indenture betwixt he and the defendant  bargain and sell to the defendant diverse parcel of plate modus el form prout  in the indenture pron  interrog  tenor sequitur in uec word and find it v  erbatim wherein the basin and ewer the silver bowl and all the parcel express  in the declaration be mention upon condition that if he pay such a sum upon  the that may follow the bargain and sale shall he void they find payment of  the money at the day but that there be then a memorandum endorse upon the  indenture by the assent of they both that if the plaintiff pay such a sum the  first June Elizabeth that he shall have they again but the payment of the sum  upon the first June Elizabeth be not find and theyfound that the defendant  have the good el si above c the first error assign be that the v enirefacias  be in plea debt is owed say non allocatur for so be the usual course to enter  warrant of attorney or essoins upon this writ inplacito debt is owed which  prove it to he all one a second error assign be upon the matter in law because  here be not any delivery by bailment but by bargain and sale but it be hold to  he well enough for the condition be perform he ought to have they again and  then detain be a tort a three error be because the jury do not find the parcel  in the declaration to he the same with the indenture but only that he sell  diverse parcel which although they he all one in name may notwithstanding he  several and intendment will not help it and of that opinion be all the court  wherefore the judgement for this cause be reverse