Opinion
(1793.)
A lessee covenanted to do all reasonable cartings for his lessor, with his carts, carriages, and otherwise, as it would be required. The plaintiff alleged as a breach of covenant that he requested the defendant to carry three loads of coal, which he refused to carry, and did not carry, etc. The defendant pleads that, at the time, he had no cart nor carriage. The plaintiff demurred.
Jermyn. The lessee is not obliged to keep carts to serve the lessor; but when he has them, if the lessor requires it, he must, etc. If a man binds himself to give all the money in his purse, it is a good plea that he has not any.
JONES, J., seemed to incline to that opinion.