which has happened thereby; whereupon the jury will give damages in proportion to the injury sustained.1 Performance of a condition precedent (q. v.), if there is any such condition, must be averred.2 "Debt" will lie where the damages are liquidated. Under the plea of non est factum (he did cot make it), the defendant may show any fact contradicting the making of the instrument; as, personal incapacity, or that the deed was fraudulent, was not executed by all the parties, or was not delivered. In Pennsylvania the defendant may plead "covenants performed with leave, etc.," that is, with leave, after notice to the plaintiff, to offer in evidence anything that amounts to a lawful defense. "Covenants performed, absque hoc" (without this) admits the execution, but puts the plaintiff to proof of performance. "Covenants performed," although in substance a denial of the breach alleged, is an affirmative plea, and does not put the execution of the instrument in issue. "Absque hoc" puts in issue the performance on the part of the plaintiff as alleged by him. leave, etc.," implies an equitable defense, such as arises out of special circumstances, which the defendant intimates he means to offer in evidence.3 "With See CONDITION; CONTRACT; FACTUM, Non est; PosSIBILITY; PROVIDED; SEIZIN; WARRANTY, 1. 1. Worthy of belief; deserving of confidence. See CREDIT, 1. 2. Entitled to be heard as a witness: competent. Competent to give evidence,, and worthy of belief. The English statute as to the execution of wills prior to 1838 required witnesses to be "credible." This was held to mean such persons as were not disqualified from giving testimony by imbecility, interest, or crime.. This rule has been followed in Connecticut, Kentucky, Massachusetts, Mississippi, South Carolina, and several other States. As used in a statute requiring that a will disposing of realty shall be attested by credible witnesses, is equivalent to competent; not as meaning, in the loose popular sense, a person of good moral character and reputation in fact, and personally worthy of belief, but a person entitled to be examined in a court of justice, though subject to have his actual credit weighed and considered by the court or jury; and to be examined upon the question whether the will was duly executed, and by a person of disposing mind." Credibility. Being entitled to be believed; worthiness of belief. In deciding upon the credibility of a witness it is usual to inquire whether he is capable of knowing a 1 King v. Cook, 1 Leach, Cr. C. 123 (1774); 2 East, P. C. 616. 2 Carruth v. Grassie, 11 Gray, 211 (1858); Pomeroy v. Trimper, 8 Allen, 400 (1864). 3 Walker v. Chicago Tribune Co., 29 F. R. 827 (1887), Blodgett, J. 4 L. credere, to believe, trust; also, to lend. 1 Jarman, Wills, 124. • Fuller v. Fuller, 83 Ky. 350 (1885), cases. 7 [Haven v. Hilliard, 23 Pick. 18 (1839), Shaw, C. J.; Amory v. Fellows, 5 Mass. *228 (1809), Parsons, C. J.; Jones v. Larrabee, 47 Me. 476 (1860), Appleton, J.; 38 Md. 424; 26 Conn. 416; 18 Ga. 40; 58 N. H. 8; 14 Tex. Ap. 72.