#### Brook vs. Wood.

Trin. 3 Car.

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, &c. and declared to his damage, &c. On nihil dicit the judgment was quod recuperet damna sua prædict: and there being no writ of inquiry awarded, the judgment was reverted. It was a judgment in an inferior court. Postea, p. 213. Noy 96.