case Benson versus gibson November a bind give by the plaintiff to the  defendant who be a hairmerchant as a security for his service and behaviour in  Flanders as a agent for buy hair and as a security for his performance of the  agreement deposit pound in the defendant hand he buy only worth of hair and  return to England before the time agree this penalty can be decree here  because this be a bind for service only and different from a nomin pnae in  lease to prevent a tenant from blow a bind be give by the plaintiff to the  defendant who be a hairmerchant as a security for his service and behaviour in  Flanders as a agent for the defendant in buy hair there the plaintiff be to  stay abroad till a certain season and as a security for his performance of the  agreement he deposit a hundred pound in the hand of the defendant the  plaintiff buy but five pound worth of hair for the defendant and return to  England before the time agree between they the bill be bring for fifty pound a  year agree to be pay by the defendant for the plaintiff trouble and also for  the deposit atkins it be insist for the defendant this be a breach of the  plaintiff duty and a forfeiture of the bind and that the defendant have a  right to retain the hundred pound in satisfaction of the penalty and that this  court will not relieve against it for it be the state damage between the party  and they cite the case of roy versus the duke of Beaufort before Lord  Hardwicke June ante atk vol S c and likewise compare it to the case of nomin  pn in lease Lord chancellor I can decree this penalty here because this be a  bind for service only and different from a nomin pn in lease to prevent a  tenant from atkins er p blow because that be the state damage between the  party see aylett v dod ante atk vol nor be it like the case of bind give as a  security not to defraud the revenue because there where a person be guilty of  a breach it be consider in law as a crime and this court will not relieve for  that reason here I can decree the penalty but must direct a action at law upon  a quantum injure to try how far the defendant have be damnified by the  plaintiff nonperformance of the service Lord Hardwicke recommend it to the  party to agree it upon the follow term that the defendant shall pay back only  ninety pound of the deposit and the bill to be dismiss without cost of either  side which be agree to accord