case burgess against BRACHER if a agreement be that a shall ride a horsematch  without whip or stick or other weapon and in a action on this agreement the  declaration state that a road the match without whip and stick or other weapon  the variance be cure by the verdict S c ld ray S c stram by article make  between the plaintiff and the defendant for a horsematch it be agree that the  plaintiff shall ride without whip or stick or other weapon except boot and  spur a action of covenant be bring on these article and the declaration set  forth that the plaintiff mount the horse without whip et stick well other arms  and do ride in form predicta upon the general issue plead the plaintiff have a  verdict it be move in arrest of judgement that this declaration be not  pursuant to the article of agreement for that be to ride without whip or stick  or modern report other weapon in the disjunctive and the declaration be  without whip et stick in the conjunctive this case be compare to some case  which be adjudge upon wager in the late war videlicet that the English will  beat the French without the help of the germane or the Dutch and in a action  bring for the money win the plaintiff lie in big declaration that the English  do beat the French without the help of the germane and the Dutch and this be  hold it be object on the other side that there be a case in cro Elizabeth cro  Elizabeth pl a where the defendant be by agreement to pay so much money when  such a ship arrive in such a port and the declaration be that the ship arrive  ad portun instead of in portun and this be move in arrest of judgement but not  allow which be very true because the preposition ad signify at or in deed it  be say ought to be favourable construe because they be make by the consent of  the party but it do not follow from thence that declaration ought to have a  favourable construction for the reason be not the same because they charge the  defendant in a adversary manner and be presume to be draw by person of skill  beside deed be take most strong against the grantor cro Elizabeth b beside the  ride without whip and stick alter the whole sense of the article for he may  ride without both but still he may ride with one of they therefore the  plaintiff shall have lie in his declaration that be rid without either reeve  contra the averment be a good averment and will be so on a demurrer for the  construction must be without whip et without stick for without be understand  and govern both the case and though the agreement vary in expression from the  averment yet both in substance be the same second the latter end of the  sentence be disjunctive well other arms must refer to every precedent  allegation and so make the whole disjunctive Bulst c three if the averment be  insufficient yet it be cure by the verdict for otherwise the plaintiff can  never have a verdict therefore it must be intend that this be prove at the  trial more cro Elizabeth d and there be several case to warrant such  intendment to instance in one indebitatus assumpsit poulter v Cornwall salk e  be bring for money receive upon account after a verdict for the plaintiff it  be move in arrest of judgement that modern report er p this action will not  lie but a action of account for if a man receive money to account it be not to  be demand as a duty from he until he have neglect or refuse to account and  this must be set forth in the declaration but it be adjudge that the  declaration be help by the verdict and that it shall be intend he refuse to  account or have do something to make he a absolute debtor modern report the  court if the term of the agreement have not be prove at the trial the  plaintiff can not have a verdict so it must be intend that the agreement be  sufficient prove and there be several case wherein it have be adjudge that  where word may be take in a double sense the court after a verdict will always  construe they in that sense which may support the verdict now here the jury  find that the plaintiff do ride without flagellan et stick well other arms in  which the disjunctive well in the latter part of the sentence qualify the  conjunctive et and disjoin that copulative so that it shall be take in a  disjunctive sense so judgement be give for the plaintiff