CCCXXII. Brewin and Mansfield's Case. Mich. 32 Eliz. In the Kings Bench.
IN an Action upon the Case, the Plaintiff declared, That A. was endebted to him in 10 l. and made the Defendant his Executor, and died; And that the Defendant in Consideration, that the Plaintiff would forbear the Defendant for a certain time, promised to pay it at two several days, and shewed which in certain. And it was found for the Plaintiff. It was moved in Arrest of Iudgment, That it is not set down in the Declaration, by what portions the 10 l. shall be paid.
Clench, Iustice, conceived, That the Defendant had liberty to pay it in what portions he pleased.
Gawdy, He ought to pay it by equal portions, as a Rent re∣served payable at two Feasts, without saying by what portions it shall be paid. And he said, That if the plea for the cause aforesaid had been defective; yet now after Verdict all is helped, for it is but form. And afterwards, the Opinion of the whole Court was, That the matter shewed was not good to stay Iudgment. Wherefore the Plaintiff had Iudgment to recover.