cclv manwood and BURSTONS case manwood chief baron of the exchequer bring a  action upon the case against Burston and declare that whereas Agnes griffin be  possess of the three part of the manor and rectory of Higham for term of year  by demise of the master and fellow of saint John college in Cambridge make to  Worthington and whereas John Sutton be possess of another three part of the  say manor and rectory by the same demise and whereas John palmer be possess of  another three part of the say manor and rectory for the same term the say  Burston April Elizabeth n consideration that the say plaintiff to hold fast de  preed agnet totum boundary suum assurari Self Rogero manwood and the defendant  sure One center point speech third birth speech Rogero alteran center point  unto the say defendant at London in such a ware assumpsit eiden querent quod  si idem to express grief to take care of dictam Johan palmer to assent and  sell his three part the one moiety to the plaintiff and the other to the  defendant for l that the defendant to loosen aequam part ind sure and although  the plaintiff have procure the say palmer April a say in addition to to assent  and sell the three part for l to be pay maii the same year and the rest at  another day and although the say plaintiff be ready to pay his part and offer  the same sure and although the say palmer be ready and offer to sell and  convey his term aforesaid c yet the say defendant to loosen aequam parten svan  sure non to be a preparation send object for which the say palmer not to sell  his part or interest by which the plaintiff be damnified c the defendant plead  that after the assumpsit the plaintiff do discharge the defendant of the say  promise upon which they be at issue and it be find for the plaintiff who have  judgement to recover upon which Burston bring a writ of error in the exchequer  Chamber and diverse error be assign it be not show at what time the term of  Agnes griffin do begin the lease of the college be not show to be by write it  be not show for what term palmer be possess it be not show at what time the  plaintiff have obtain the part of Agnes the assumpsit Leonard be lie to be at  London in warda de Farrington extra and so at London and extra London which be  repugnant the plaintiff have declare that the college have lease to  Worthington and that a and b be possess army dimisstonis pillage to these  error the chief baron put in his answer in write as to the two first they be  in the recital and but matter of induction to the consideration and not  traversable Leonard er p nor otherwise material to be allege for the  commencement of they or for the rend but only the end of the term to come be  sufficient as in a action upon the case that whereas the defendant be indebt  unto the plaintiff in diverse sum of money amount to the defendant in  consideration thereof promise c the plaintiff needs not to show any certainty  of the contract or other circumstance how or in what manner the debt do accrue  or begin as in a action upon the case the plaintiff declare that whereas be  have marry the daughter of the defendant the defendant in consideration that  the plaintiff will assure to his say wife land to the yearly value of for her  jointure as shall be advice by the council of the defendant that be will pay  unto the plaintiff and although the plaintiff have make such a jointure of  land in S unto such yearly value for the use of his wife by the advice of the  council of the defendant c here the plaintiff needs not to show what manner of  conveyance or assurance be advice for it be sufficient if the consideration  recite be prove in evidence with the circumstance but in plead it be not  traversable nor issuable the three error be mistake the four be answer as the  two first for it be but matter of recital and the consideration pass and  execute before the assumpsit and not at the time of the assumpsit and but a  induction or conveyance to the promise the five matter be misconstrue for  there be two ware of Farrington infra and extra infra the wall and extra the  wall and yet both at London and extra be to be refer to Farrington and not to  London and there ought to be make a point after extra as Farrington extra  London the six be mistake for there be no error in that for the assignee be  possess army dimisstonis for the original lease be the virtue and strength of  the possession of the assignee but if these exception have be material yet  forasmuch as the issue be not upon the assumpsit for that be confess by the  defendant and by that the recital consideration and all the special matter  confess to betrue but the defendant have plead a new matter after the  assumpsit in discharge of the assumpsit which discharge be find against he all  the particular in which the error be assign be out of the book and now the  matter of discharge be only material as in debt for arrearage of rend reserve  on a lease for year if the time and place of the make of the lease be not set  forth in the declaration the declaration be not good but if the defendant  plead a collateral matter as release of the arrearage or other such matter now  all the imperfection of the declaration be wave c at another day the matter be  argue again there be three manner of consideration upon which a assumpsit may  be ground a debt precedent where he to who such a promise be make be damnified  by do any thing or spend his labour at the instance of the promiser although  no benefit come to the promiser as I agree with a surgeon to cure a poor man  who be a stranger unto I of a sore who do it accord be shall have a action or  there be a present consideration c the first exception be because the  assumpsit be lie to procure such a lease which another have I e one a it be  not show in the declaration in facto that a have such a lease and if he have  not any such lease then there can be any consideration to procure it for ex  nothing nothing fit second the declaration Leonard be that a be possess of a  lease for year to be end and determine in a without show any beginning of it  and although that lease be but matter of conveyance and inducement yet because  it be the ground of the action it ought to be certain and sufficient set forth  three the lease to be procure be lie to be make by a college in Cambridge and  it be not show for what term of year I e for year or under for if it be above  then such lease be void fourthly it be not lie in the declaration that the  lease be by write and then void for a college can make a lease without write  and it shall be intend it be make without deed because it be not lie to be by  deed as if a corporation make a lease for life and afterward grant the  reversion for year he that will entitle himself to the say reversion ought to  say in plead that he make the lease for life by deed although the lease for  life in such case be but matter of conveyance five it be not lie in the  declaration that the lease to be assure be in be and have continuance at the  time it be to be assure for although it be lie to be in be at the time of the  promise yet be a particular interest it shall not be intend to continue if it  be not special show as h six here the plaintiff have not cause of action but  palmer for the assumpsit upon which the action be ground the Leonard er p  money be to be Payable to palmer not to the plaintiff e my bailiff let we my  land to farm render rend be shall not have a action for the rend but I my self  in who right he lease Elizabeth it be the case of one crew I promise unto I S  that in consideration that be will make unto I a lease for year of such land I  will assign the same to his servant if he will not make the lease not I S but  his servant shall have action upon the promise and although the defendant have  plead collateral matter by which the promise be confess yet the same do not  amend the matter for if the declaration be insufficient the court ex duty  ought to stay judgement as h in trespass the defendant plead that there be a  accord betwixt they that in satisfaction of the say trespass he shall pay to  the plaintiff such a sum and make two window the which sum he have pay before  the day without speak any thing of the window the plaintiff plead no such  accord and it be find for the plaintiff and although the plaintiff do admit  the plea as good yet the court ex duty shall stay the judgement see the book  of entry a carpenter bring a action upon the case and declare general upon the  assumpsit pro to visit rebus peremptory or urgent call carpenter ware pro to  visit preoccupation per querent at the instance of the defendant in art  lignaria c and hold good without any particular it be adjourn Elizabeth crew  case mich Elizabeth in the exchequer chamber