case come RANELAUGH versus hay overrule Lloyd v Dimmack Ch d not follow  HughesHallett v Indian mammoth gold i   Ch d of the eighth month in court Lord  keeper Eq can ab pl Ch can S c covenant to save harmless decree in specie the  earl of Ranelaugh assign several share of the excise in Ireland to sir James  hay and sir James covenant to save the earl harmless in respect of that  assignment and to stand in his place touch the payment to the king and other  matter that be to have be perform by he the plaintiff the earl of Ranelaugh  suggest in his bill that he be sue by the king for pound and that the  defendant sir James hay by the agreement ought to have pay it and therefore  pray the defendant may be decree to perform the agreement in specie Vernon  chancery case it be insist for the defendant that here be no proper subject  for equity nor anything that the court can decree for here be no specific  covenant but only Vernon chancery case er p a general and personal covenant  for indemnity the covenant on the part of defendant appear to have be that he  will indemnify the plaintiff and his estate from all debt account covenant  breach of covenant rend and demand whatsoever and from all cost which shall  come to plaintiff or his estate by his majesty his heir or successor and from  any creditor or other person to who any debt shall be due or Payable for or by  reason of the say three part or any the covenant or agreement enter into by  the say letter patent or article of agreement in the say indenture mention by  the plaintiff and shall likewise indemnify plaintiff and his estate and  procure a discharge accord to the usual form to the plaintiff for pound due to  the partner and that he the defendant shall indemnify the plaintiff from all  account payment charge and action whatsoever which the partner may have for or  on account of any money due by the plaintiff the then late farmer of his  majesty revenue in Ireland for rend or otherwise r l and that be not  decreeable in equity for it sound only in damage which can be ascertain in  this court especial as this case be there be no breach of the covenant assign  in the bill for a suit be bring by the king that be not in itself any breach  for the defendant can prevent that he will defend the suit and if nothing be  recover there be no breach the breach assign in the bill be as follow that the  defendant whole refuse to perform the covenant on his part but in absolute  breach thereof permit plaintiff to be prosecute by his majesty for his arrear  of rend due to his majesty reserve by the say letter patent and also for a  large sum of money borrow of his majesty and apply to the use of the undertake  and the bill also charge that the plaintiff be prosecute by one of the partner  for the arrear of certain payment from which the defendant be also oblige by  covenant to indemnify plaintiff r l but the Lord keeper in this case think fit  to decree that sir James shall perform his covenant and direct it to a master  and that so often how often any breach shall happen he shall report the same  special to the court and the court then may if there shall be occasion direct  a trial at law in a quantum injure the Lord keeper give as one reason for his  decree flat the computation of damage in such a cause must depend upon  examination of long and intricate account of the revenue of Ireland which can  be make upon a trial at law and a jury can foretell what damage will after  happen but must give their verdict upon uncertainty which will afterward  occasion suit in this court r l and he conceive it reasonable that sir James  hay shall be decree to clear the earl of Ranelaugh from all these suit and  encumbrance within some reasonable time one year be the time specify in the  decree r l and he compare it to the case of a counterbond where although the  surety be not trouble or molest for the debt yet at any time after the money  become Payable on the original bind this court will decree the principal to  discharge the debt it be unreasonable that a man shall always have such a  cloud hang over he and it be also order that upon any suit or demand against  plaintiff upon any matter relate to the say farm he shall give timely notice  to defendant or his clerk in court to the intent defendant may take all  necessary care in defence thereof to prevent any damage that may come to he  thereby Reg lib a fol