Opinion
(1793.)
Case. The plaintiff declared that the defendant, being indebted to him in an account £ 60, in consideration that the plaintiff would forbear suing him, assumed to pay, etc., and declared to his damage, etc. On nihil dicit the judgment was quod recuperet damna sua praedict, and there being no writ of inquiry awarded, the judgment was reversed. It was a judgment in an inferior court. Postea, p. 785; Noy, 96.