case oddy versus TORLESSE Lord chancellor the plaintiff have agree with the  defendant for the office of clerk of the bridgehouse for pound deposit pound  in money and a bind of pound penalty be enter into by himself with a  sufficient surety for pound more which be to be deliver to the defendant upon  his surrender of his office to the plaintiff in consideration of the say sum  of pound and bind for pound deposit with one Wilkinson it be agree that  defendant shall before the end of the same July surrender his office to the  intent that the plaintiff may at his own cost be admit thereto and that the  defendant shall on his surrender receive the bind and pound from Wilkinson the  plaintiff be admit and the defendant receive the pound and the bind and  afterward come to a agreement with the plaintiff that the plaintiff shall pay  he pound yearly until the pound be pay off the second agreement between the  plaintiff and defendant be in write and date the that July the effect whereof  be that the plaintiff shall pay the defendant pound on the that day of January  follow and pound a year from that time by halfyearly payment out of the profit  of the office for so long time as the say pound shall continue unpay and until  payment thereof the defendant assign as a reason for such agreement that he  give up the office without receive all the money at the time the plaintiff  have be sue by the say defendant at law who have obtain several judgement  against he and there be diverse payment state to have be make by the plaintiff  t the defendant and cost incur at law the result of which be as the defendant  compute a arrear due to he from the plaintiff of pound together with interest  and charge plaintiff pay S into court on a injunction be grant judgement have  be obtain on the first bind after a plea of usury the bill suggest the write  agreement to have be undue obtain but deny by answer evidence be read on the  hear and then the decree as above Reg lib the plaintiff have pay he on that  account so much as exceed the pound and interest by pound Vernon chancery case  er p the plaintiff bill be therefore to have the article for payment of the  pound and pound per and in the mean time and a judgement on a bind for  performance of covenant deliver up and the surplus of the money repay with  interest the defendant insist that it have be try in the common plea whether  the contract be usurious by rule of that court and there find not to be  usurious and there be still a great deal of money due to he on that account  the plaintiff ought not to be relieve without payment of it but it appear to  the court that the first agreement which be make with the plaintiff friend  privity be for pound and that they be not privy to the second agreement but  the plaintiff necessity be work upon therein for that as it be pen the  plaintiff be to pay pound per and till the pound and every part of it be pay  so that if there be Vernon chancery case but pound of it unpay yet the  plaintiff must pay pound per and till it be pay the Lord chancellor declare  that if the plaintiff have pay beyond pound oh and interest he shall pay no  more but for what be actual overpay he will not relieve he but decree that  what money have be bring into court by the plaintiff to continue the  injunction shall be deliver out of court to he and that the defendant shall  acknowledge satisfaction on the judgement and deliver up the article and bind  Reg lib b fol but where the whole of the transaction be original a fraud money  pay will be decree back with interest and cost colt v woollaston p wms  Spackman v woollaston ibidem