case Treswell against MIDDLETON Hilary term James roll see morrison v Thompson  lr Q b a declaration for work and labour do by a servant must state it to have  be do by the master or on his account in debt for several sum of money for  good sell and work do amount in the whole to l a verdict find the defendant  indebt in l and non debet as to croak James er p the residue without find in  which of the particular sum he be indebt to l be bad error of a judgement in  the common plea in debt for fortytwo pound nine shilling and three penny and  declare upon several account of diverse sort of ware sell for diverse several  sum and upon several retainer at several day to do several sort of work and  among other that he shall retain one I S the plaintiff servant to work with he  for five day to take in hand pro salari his pro whithersoever you please die S  per quod action to grow progressively to demand ten shilling and so account of  several ware buy and several retainer and several sum lend amount in toto to  fortytwo pound nine shilling the defendant plead non debet and find quod debet  l ind et quoad residuum non debet and judgement give for the plaintiff and  error thereof bring and assign first because the action lie not for the master  for the retainer of the servant to work with the defendant for five day for it  be not allege that he do the service for his master but for himself and the  retain be of the servant for his own proper labour and by a contract with he  and if it be the retainer of the servant by the command and appointment of his  master he ought to have show that he retain the master and not the servant for  then he ought to have count accord that he retain the master who by himself or  servant shall work c all the court be of that opinion second the action of  debt be for several parcel the jury find that he owe thirty pound et quoad  residuum non debet and not find for which of the contract or retainer quod  debet so as the defendant can know for which he be condemned and for which  acquit and thereby may plead it in bar to other action or have a attaint if it  be false for these cause the verdict be not good and the judgement thereupon  be erroneous the whole court be of that opinion absent lea wherefore the  judgement be reverse