Bulstrode rogers plaintiff against parrey defendant enter Trin James b r rot  see MaximNordenfell company v Nordenfelt Ch a c a action upon the case upon a  promise Cr in a action upon the case ground upon assumpsit upon non assumpsit  plead a verdict be find for the plaintiff it be move in arrest of judgement  that the declaration be not good wherein the case appear to be this the  plaintiff show in his declaration that in consideration of so much by he pay  to the defendant the Bulstrode er p defendant do assume and promise unto the  plaintiff that he will not exercise the trade of a joiner in a shop parcel of  a house to he demise in London for year durante boundary proadicto and for  breach show that he have demise this to a joiner who do there exercise the  trade of a joiner during the say term and contrary to his promise unde action  to grow progressively exception take to the declaration because he do not say  that be there use the trade of a joiner during all the say term and whether  this shall be take to be so by intendment when he say only duringthwterm  general whether this shall be intend to be the whole term or but for some part  of it coke chief justice there will be a difference where the assumpsit be in  the negative and where in the affirmative as where a man be bind that such a  one shall inhabit in such a house durante boundary this shall be take for the  whole term and so be Colthirst and BejdsUns case in Plowdens commentary fol  but where the promise be in the negative this be as much as to say and  undertake that he will not do it at any time during the term and this be the  differenee Haughton justice he ought to have allege this lease to be make and  to have continuance coke chief juf ice this ought not to be by he so allege in  this case in as much as it be a lease certain to he for year and he ought not  to aver that which of it self do certain appear unto the court here this do  appear of his own show and so no need of any averment and as the objection  make that this lease may be surrender up this shall not be so intend if it be  not show by the other party one well say thus of discretion this discretion  separation to pour together and so it may be say here in this case ankle  certitude certainty to pour together to tear down croak justice the doubt  which at the first trouble I be for the bind of one that he shall not use and  exercise his trade be his livelybood coke chief justice this be be not so be  but for a time certain and in a place certain but if general restraint there  be here the court agree with croak justice herein that a man can bind one that  he shall not use his trade general this be not good but coke chief justice  croak justice and the whole court agree all in this clear that as this case  here be for a time certain and in a place certain a man may be well bind and  restrain from use of his trade and so by the whole court here be a goodbreach  of promise assign which well entitle the plaintiff to his action that the  declaration be good and so by the rule of the court judgement be give and so  enter for the plaintiff Bulstrode exception take TO the return OF a writ OF  rescous the return of a writ of rescous notam that the sheriff of  Huntingtonsbire do return a rescous against two S against the father and the  son against the father for rescue of his son and against the son for rescue of  himself as to the father the return be sufficient and certain both for the  time and place but as against the son George croak do except against the  return that the same be insufficient and uncertain the same want such  certainty both of the time when and of the place where the same be do  dodderidge justice the return here be good and certain and this shall be  intend to be at the same time that the father do rescue the son that the son  also at the same time do there rescue himself for the return be of the rescous  of the father that he do rescue his son and this be certain to all respect and  the son rescue himself without any limitation of the time when this shall be  take here to be at the same time for this word be here a conjunction  copulative and couple these two together to be at one and the same time  Haughton justice a prisoner may be well rescue by other and yet he himself not  to have any notice hereof or be any way consent thereto nor guilty thereof and  it may so be that one may rescue a bring isoner at one time and that he  himself may well rescue himself at another time and so the same lhai be at  several time and therefore for that in the return of the rescous against the  son for rescue of himself no time be set down in the return when this be do  the return for this cause be insufficient but by the rule of the court the son  be present in court be for this rescous fine at S and imprison and a further  time for the father to appear Bulstrode er p