"Actio ex stipulatu " This is a claim for an uncertain thing and would give unliquidated damages e . g . failure to do something.
2.
In a claim for unliquidated damages, the debtor cannot be in " mora " until such time as the amount of damages has been fixed by a court.
3.
9 . " It has been recognized that a distinction, in this respect, simply as between cases of liquidated and unliquidated damages, is not a sound one ."
4.
The general rule is, that that party on whom the affirmative lies has to begin; and in one, at least, of the cases cited, the plaintiff was seeking to recover unliquidated damages.
5.
In Thomas v . The Queen, in which he had Sir John Holker, Sir Richard Baggallay, and Charles Synge Christopher Bowen against him, Williams vindicated the title of the subject to sue the crown for unliquidated damages resulting from breach of contract.
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