Hill. 2 Car.
A LESSEE covenanted to do all reasonable cartings for his lessor, with his carts, carriages, and otherwise, as it would be required. The plaintiff alledged 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 &c. 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 if he must, &c. 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.