The only question in this case, is, whether die plaintiff should be allowed a credit upon his bond,
It would be rigid enough in the casé of a special agreement ; but, where there is no such agreement, to insist upon the hire, appears to this court unjust in the extreme.-— Upon this subject, 1 Ruth. Inst. 250, 251. 253. 1 Fonb. 376, 377. in the notes ; Powell on Contracts, 446, 447, 448. may afford the reader some useful instruction. — Upon this view of the case, the appellant should be allowed a credit of 11l. 12s. 4d.
The decree of the county court must be reversed with costs. And this court proceeding to mate such decree as that court should have made, directs the injunction to be made perpetual, for that sum, with costs, and the bill to be dismissed as to the residue.