cock against sir Francis VIVYON and other how far a indebitatus assumpsit will  lie for toll or not in a indebitatus assumpsit wherein there be eight count  and entire damage Mr Robinson move in arrest of judgement in the four first  count he say the plaintiff have declare that he be possess of a market in the  town of Helston in the county of Cornwall and of a markethouse there for set  down corn in that come to be sell in the market and in consideration that he  permit the defendant to bring their corn into the market and put it down into  the markethouse the defendant promise to pay a certain sum of money for picage  and stallage be the ancient customary sum for that purpose and those four  count he do agree be right but in the three next Barnardiston king b count the  plaintiff set forth the same consideration as in the first but then lie the  promise to pay a certain quantity of toll in corn specify the quantity be the  ancient customary toll for that purpose and in the last count be set forth the  same consideration but then lie the promise to pay as much corn for toll in  expose the say corn in the market as the plaintiff shall deserve accord to the  custom aforesaid to these four last count he take several exception to the  three first of they he say he apprehend that a indebitatus assumpsit will lie  for nothing but money and for toll in specie he submit it the only remedy be a  distress beside he conceive that toll be due from the buyer only and not from  the seller to the last of they he say he conceive that a quantum to deserve  likewise will lie only for a sum of money and not for a uncertain quantity of  good in specie for which reason he apprehend that the judgement ought to be  arrest judge lee say that these action of indebitatus assumpsit have of late  year be carry much far than they be former it be certain now he say that this  action will lie for savage for a fine due to the lord from his copyholder and  if the corn be the duty he see no reason why it shall not lie for that  likewise the court in general incline to think that notwithstanding the  exception the plaintiff ought to have judgement however give the defendant  liberty to consider of this matter a little long and to move they again if he  think proper vide postea Barnardiston king b er p