case heath against DAUNTLEY upon every executory contract each party shall  have a assumpsit against the other for nonperformance of his part and recover  in damage his special loss   more Jones burr burr dougl Bl Com to several  count in assumpsit upon several promise non assumpsit may be plead general and  entire damage assess cro car side cro Elizabeth in a information for usury on  several contract a general issue be bad for the several agreement ought to be  traverse error of a judgement in the exchequerchamber the plaintiff declare  whereas he have sell to the defendant certain clothes for three hundred and  seventy pound one moiety of the money to be pay within fourteen day and the  other moiety to be pay at the end of three month whereof the defendant have  pay the one moiety at the end of fourteen day that the defendant on the twenty  of may in the year aforesaid in consideration that the plaintiff will accept  his bill for one hundred and thirtyseven pound to be pay the first day of  December follow assume to pay the say one hundred and thirtyseven pound and  allege in fact that he accept his bill for the say one hundred and thirtyseven  pound and that he have not pay the say one hundred and thirtyseven pound nor  the fortyeight pound residuum of the say moiety but fail of the payment  contrary to his promise and assumpsit a see Geo c see the habeas corpus Act  car c croak James er p the defendant plead non assumpsit and it be find  against he and entire damage be assess and judgement give for the plaintiff a  writ of error be now bring in the exchequerchamber the first error assign be  because there be not any promise allege but for the payment of the one hundred  and thirtyseven pound and he have allege the breach to be as well in the  nonpayment of the say fortyeight pound be the residue of the moiety as for the  nonpayment of the one hundred and thirtyseven pound and damage be entire give  for both there be not any promise for the payment of the say fortyeight pound  say non allocatur for by the sale of the cloth for three hundred and seventy  pound the one moiety to be pay within fourteen day the other to be pay within  three month there be therein a imply promise to pay those sum at that day and  then the breach in the nonpayment of the say one hundred and thirtyseven pound  accord to the other promise and the delivery of the fortyeight pound which be  upon the promise before be well enough assign second it be move that this  issue non assumpsit general be not good for here be several promise he ought  to have traverse they several but all the justice and baron hold that non  assumpsit extend to several promise but Tanfield chief baron say that upon a  information by paramour v Robinson in the king bench where several contract  upon usury be allege and issue be join whether it be corrupt agreatum modus et  form prout it be resolve by all the justice of England to be a ill issue for  he ought to have traverse the agreement because they be several yet  notwithstanding the judgement be affirm