Brigstock vers Stanion in covenant the breach may be assign as large as the  covenant on a covenant for the quiet enjoyment of a office if the plaintiff  assign for breach saint that the defendant put in a deputy per quod he the  plaintiff be compel to sue out a mandamus and dly prosecute a writ of assize  for the office he need not state either the mandamus or assize with a prout to  stand open per record covenant the plaintiff declare that by certain article  of agreement make between the plaintiff and defendant recite that whereas the  bishop of Gloucester have grant to the plaintiff and his father the office of  register c and that whereas John bishop of Gloucester doubt if the grant make  to the plaintiff and his father be two be good have grant the say office to  the defendant son upon which difference arise between the plaintiff and  defendant it be agree between the plaintiff and defendant that the plaintiff  shall sue a feign action against the defendant son to try his title to the say  office and that the defendant son shall plead without delay and at the trial  insist only upon the validity of the grant and that if judgement shall be give  for the plaintiff in that action that then the plaintiff shall quiet enjoy the  say office and that neither the defendant son nor any other man as his deputy  or in trust for he direct or indirect shall exercise or occupy the say office  or receive any of the profit c then the plaintiff show that he sue a action  and that the defendant son plead to issue accord to the agreement and that in  such a manner process to be that judgement be give for the plaintiff then he  aver performance of the whole on his part and assign for breach that John  fortune at d in the county of Gloucester such a day by the assent of the  defendant son and as deputy to he exercise and occupy the say office and in  trust for he take the profit and receive diverse fee so that the plaintiff be  compel to sue such a day a writ of mandamus out of the king bench direct to c  to be readmit to the say office to the great charge and damage of the  plaintiff he assign for breach that the defendant son prosecute a writ of  assize for the say office which be deliver to the sheriff of Gloucester in  debt is owed law form exequend and to this declaration the defendant demurrer  general and sergeant gooding for the defendant argue that the breach be assign  too uncertain Lord Raymond and too general upon which no issue can be take for  it be say that John fortune receive diverse fee in trust for the defendant son  but no mention be make of what fee now it be a ministerial office the fee be  certain and therefore though perhaps it be not necessary to ascertain every  individual fee yet it be necessary to specify some one to which purpose it be  adjudge between hill and dade c in B R James where the case in effect be thus  that dade and the other defendant be farmer of the Irish revenue of the crown  hill become security to the crown for the defendant for the payment of their  rend and they covenant with he to indemnify he upon which hill bring covenant  against the defendant and show that the defendant be in arrear in their rend  upon which the land of hill upon process issue out of the exchequer be extend  and his body take in execution whereupon he be force to expend great sum of  money upon which declaration the defendant demurrer and the opinion of the  court be with the defendant because the declaration be too general for it have  not specify what sum he have expend but note Treby chief justice say that he  be counsel in the same case and by he a no judgement be give in it and to the  same purpose be b style Rep Arnold v Floyd as this breach be assign it do not  appear that the defendant son do any act but only assent that John fortune  shall exercise c now a man may he say to assent to a thing who do not oppose  it but that be no breach of this covenant because right of way for cattle non  consensus compose party in law suit therefore the plaintiff shall have say  that the defendant son put John fortune into the office or protect he there  when he be in say non allocatur for per curian in a action of covenant the  breach may be assign as large as the covenant be for all be recoverable in  damage and those damage shall be for the real damage which the party can prove  that he have actual sustain but in debt Lord Raymond er p upon a bind  condition to perform covenant in a certain indenture specify there a precise  breach must be show because a breach be a forfeiture of the whole bind and  therefore if this have be debt upon a bind with such a condition the plaintiff  ought to have specify the take of some particular fee for the take of one  single fee will have forfeit the whole bind and Treby chief justice cite a  case between Dixey and jenner adjudge in the king bench when hale be chief  justice lev keb where the defendant covenant with the plaintiff to build he a  house and to put cantelabers accord to the rule prescribe in the Act for the  rebuilding of London and in covenant be assign his breach that the defendant  do not put in such cantelabers secundum sharply parliament c and do not say of  what Lord Raymond length or thickness they ought to be and adjudge that the  breach be well assign they be the very word of the covenant but if it have be  in debt upon a bind condition to perform covenant it have be otherwise then in  this principal case the breach be assign in the word of the covenant it be in  a action of covenant it be well assign sergeant gooding argue that the  declaration be ill because it be say that the plaintiff sue a mandamus and the  defendant a assize bat do not say prout to stand open per record but to this  sergeant wright for the plaintiff answer that they be not record until they be  return and the show of the return be not necessary but be only in aggravation  of damage but the very sue out of the assize whether it be return or not be a  breach of the covenant of which opinion be the whole court and therefore  judgement be give for the plaintiff a vide show b in this case the breach be  large than the covenant