For not doing of a thing where a man is bound to do it in one manner, and he doth it in another.
* 1.1Against him that promises to plough my land, and doth it in unseasonable time, 14 Hen. 6.18. 3 Hen. 6.36. for the Law implies he must do it for my best advantage.
Against an Attorney that takes an obligation in his own name,* 1.2 when it should have been in mine, 20 Hen. 6.25. Q. if an Action of Deceit do not lie.
Against a Carpenter that undertakes to build a house in such a form,* 1.3 and builds it in another, Nat. br. 145. G. 2. Hen. 4.9. 21 Hen. 7.41. 20 Hen. 6.35. Q. if he build it in a better form, and more for the benefit of the Owner, and to his own loss.
Against him that hath a Crane, and spoils my Merchandize,* 1.4 Lib. Intr. 3. C. sect. 1. this is mis∣feasance.
Against a Farrier that takes upon him to cure my Horse,* 1.5 and applies unwholsom Medicines, &c. 19 Hen. 6.49. whereby my Horse is made worse.