case Tibbs against clow the breach must be as particular as the covenant  action of debt on bind on oyer crave of the condition it appear to be for the  performance of covenant and they be set forth with a profert in the plea the  covenant be that the defendant shall deal with the plaintiff for and the  plaintiff shall put into his cellar beer ale stout amberbeer amberale and that  at the time of the defendant death or departure from the house he be to  account to the plaintiff for all liquor draw in the house and not pay for in  the same article it be agree that the defendant may deal with any other person  for other liquor than abovementioned the breach assign be that when be depart  from the house liquor to the value of thirty pound be draw and not pay for  York for the defendant it be necessary to assign a breach more special in a  action on a bind for performance than on the covenant in the last it be  sufficient to follow the word of the covenant this covenant to account for all  liquor leave must be take accord to the subject matter that be for such liquor  as the defendant be to deal with the plaintiff for the assignment of the  breach extend as well to the liquor for which the defendant may deal with  other as by the covenant it appear he may and for those he be not Accountable  to the plaintiff the assignment therefore be too general Kettleby contra there  be no oyer of the covenant so as to appear to the court in hc word but be only  set forth to the court by plead York in reply if we have not set it forth as  it be they shall have show it and it be not a particular clause inter alian  but the whole article that be set forth Eyre justice the liquor mention in the  assignment of the breach be as well other as malt for which by the covenant he  may deal with other therefore have if covenant be not true set forth by party  plead they with a profert the other must crave oyer but can set forth any  other covenant and a breach in that covenant on plead covenant with a profert  if you proceed without oyer you admit the covenant to be as set forth if there  be a general covenant it must be tie up to the subject matter the royal  African company v maison sand Arlington v merith modern report powys justice  of the same opinion fortescue justice the covenant be that the plaintiff shall  put liquor into the cellar there be no where show he do so it be say that they  must account at the time of departure from the house and it do not show when  be go from the house per curian we be agree that judgement shall be for the  defendant