case king against Robinson easter term Elizabeth roll in assumpsit if the jury  find that the defendant do undertake to perform the promise lie in the  declaration and another the plaintiff can recover ante post cro James bull n p  salk Cowp term Rep vent assumpsit the plaintiff declare that the defendant do  assume to do such a thing c and upon non assumpsit it be find he do assume to  do that and another which he have not perform it be resolve against the  plaintiff for the justice say where the plaintiff declare that in  consideration of one thing the defendant assume c and the jury find in  consideration of that and another thing he assume he have fail of his  assumpsit and the justice deny the case of h n bro verdict notam it be say  that Pas Elizabeth Catlin do cause a record of Pas Henry to he read in the  queen bench of a judgement give before Fineux c j and the case be a woman in  London have give to the plaintiff flatter word quipollentia to a promise of  marriage and by that mean he deliver to her money and other thing and she have  cause the plaintiff to retain counsel for her and to travel about her suit in  chancery and afterward the woman refuse to marry he and marry another in  deceit and fraud of the plaintiff the woman traverse all the matter allege  against her and part be find for the plaintiff and part against he and this be  one matter find for he that the woman have give unto he blanda word marriage  sequipollentia and the plaintiff have judgement for those particular that  croak Elizabeth be find for he and he be amerce for the other and this be a  action upon the case for the deceit in not marry he for he do not declare of  any a see James c I croak Elizabeth er p promise of marriage in fact and  Catlin say it be to he note that the plaintiff have judgement although but  part find for he and part against he which be contrary to that as he say that  have be rule here twice or thrice that if a assumpsit he bring upon several  thing and part only be find for he the plaintiff shall have no judgement for a  part but Southcote say that the record show be a action for diverse deceit  which be traverse and part find for the plaintiff and part against he yet  judgement may he give for the plaintiff for the part c but of a entire promise  it be otherwise a for their fail in part he fail in all