case peck against ambler Michaelmas term car roll to a action on a promise of  quiet enjoyment and to save the possessor harmless the defendant may plead the  statute of limitation Cowp on a entire contract to be perform at state time a  action lie for the whole contract on the first breach of performance ante dyer  a assumpsit whereas the defendant car promise the plaintiff that he shall  enjoy such land in possession and that he will save he harmless concern any  action and suit against he for they that he be oust of the possession by  Meddlecourt saint July car and that a good recovery be have against he in a  ejection strong car wherein he be condemned in damage and cost seven pound by  reason whereof he fear to be arrest that upon the saint August car he give  unto he notice thereof and require he to discharge he or that judgement and  save he harmless from it and that the defendant have not discharge the  judgement whereby he remain subject thereto and dare not go about his business  to his damage c the defendant plead the statute of limitation that this ouster  be upon a judgement in Trinity term car and the notice and request in July car  so more than six year after the cause of action and before the action bring  and traverse the ouster in July car or any time after July car and hereupon  the plaintiff demurrer croak car Whytfeild for the defendant now move that the  plea make good the matter allege because the breach be before the six year the  court incline to that opinion but because he fail in the other part of the  breach of the assumpsit videlicet in not save harmless but suffer the  judgement to remain in force and by reason thereof he be endanger to be arrest  which part croak car er p be not answer therefore the plea be hold ill for by  the judgement be be damnified although it be not allege that execution be sue  he be subject to the execution and in danger to be charge and although the  defendant be a stranger to this suit wherein damage and cost be give and  therefore ought to have notice yet when notice be give unto he thereof be  ought to procure he to be discharge and therefore the plea be ill on that part  and the demurrer be general judgement be to be give for the entire assumpsit  against he and it be therefore adjudge for the plaintiff and Jones and Berkley  hold that if a man assume to pay fifty quarter of malt in five year every year  ten quarter if he fail of the payment of any of they a assumpsit lie and he  shall recover damage for all which be arrear and for all the residue of the  five year but I doubt thereof but for the principal we all agree