case cock against vivian a indebitatus assumpsit lie for toll this be a action  of assumpsit bring by the lessee of the market of Helston in Cornwall the  declaration state that the plaintiff be possess of the markethouse and of the  toll and of pickage and stallage and lie a indebitatus assumpsit to pay a  certain toll in consideration of the defendant have be permit to set down his  good in the market and also for pickage and stallage there be also a count on  a quantum to deserve on the trial a general verdict be give for the plaintiff  Hussey in arrest of judgement insist that the declaration be erroneous because  it appear that this be a public market where every person have a right to  deposit their good and ware for sale and therefore the allege permission to  set his good there be not a good consideration for the promise especial as the  common remedy on this subject be by distress beside a indebitatus assumpsit  will not lie for toll any more than it will for a heriot second it be nowhere  say that the good be sell and no toll be due unless the good be sell and even  then it be to be pay by the buyer three a quantum to deserve will not lie for  toll for a toll must not only be reasonable but certain and a quantum to  deserve do not lie where a price be fix and ascertain sergeant chapel on the  other side insist that by custom a toll may be Payable though the good be not  sell and that pickage and stallage may be include under the word toll it be  clear that in ancient fair toll may be demand for the stand of good though  none of they be sell Inst lev a it have be hold that a indebitatus assumpsit  will lie for savage though no modern express promise be make to pay it show  Carth a so also it lie for a customary fine Mod vent lev burr dougl b the  court doubt as to the quantum to deserve for a toll and also whether stallage  can be include in the word toll but they seem to incline that a indebitatus  assumpsit will lie in this case see mayor of Exeter v Tremlett will steward v  baker term Rep in which last case it be express decide that a general  indebitatus assumpsit will lie for toll c modern easter term the seven of  George the second in the king bench Philip Lord Hardwicke chief justice sir  Francis page Knt sir Edmund probin Knt William lee Esq justice John will Esq  attorneygeneral Dudley rider Esq solicitor general