case rise against stand if a plaintiff bring a accuse compuldssel when in fact  there be no account state the defendant can plead a recovery in this action in  bar to a action of account for the same cause S C ante S C Mod S C keb in  account for sugar and indigo the defendant plead that the plaintiff bring a  indebitatus assumpsit a quantum to deserve and a accuse computdsset for one  hundred pound due to he for ware sell to which he plead non assumpsit and that  there be a verdict against he and then aver that the ware mention in that  action be the same with those mention here in the action of account the  plaintiff demurrer and it be say for he that he have bring his former action  on the case too soon for if no account be state the action on the case on the  accuse computdsset will not lie and so the former verdict may be give against  he for that reason but on the contrary the defendant shall not be twice  trouble for the same thing and if the verdict have be for the plaintiff that  may have be plead in bar to he in a due action but the court be of another  opinion that this plea be not good and that if the plaintiff have recover it  can not have be plead in bar to he for if he misconceive his action and a  verdict be against he and then bring a proper action the defendant can plead  that he be batred to bring modern such action by a former verdict because  where it be insufficient it shall not be plead in bar as in debt upon bind the  defendant plead another action upon the same bind and the jury find non be  factum the entry of the verdict be that the defendant shall recover damage el  eat ind without die but not qubd to express grief nil to take in hand per  breve so no judgement to bar he cro James but pen one action another can be  bring for they can both be true if no account be state the action on the case  upon a accuse computasset will not lie the accuse compulasset imply a account  and upon non assumpsit plead the defendant may have give payment in evidence  and for that reason the jury may find for he it be true he may have plead full  compulavit which be the general plea but it may as well be presume that the  verdict be against the plaintiff because the action will not lie and the  matter be in doubt the court will intend it against the pleader be not have  aver to the contrary and so they hold the plea to be ill modern er p