box versus day and his wife b r condition of a bind not to marry any other but  the plaintiff and to pay in case she do so or refuse to marry the plaintiff  within a month after her father death she marry another mail her father be  alive the bind seem to be forfeit and the money Payable this be a action of  debt upon a bind which be execute by the wife of the defendant dumb sola the  defendant crave oyer of the condition which be in these Wilson king bench er p  word whereas a marriage have for some time be and now be declare and agree  upon and be intend to be have between the abovenamed Thomas box and Frances  Middleton but the same at the request of the say Frances be to be defer until  the death of John Middleton her father and the say Thomas box and Frances  Middleton have mutual engage themselves not to intermarry but with each other  in consideration whereof and for a provision for the say Thomas box in case  the intend marriage shall not take effect and that the say Frances Middleton  shall intermarry with any other person or die before the intend marriage or  refuse to marry the say Thomas box upon or immediate after the death of the  say John Middleton she the say Frances Middleton bath agree that the say  Thomas box his heir executor or administrator or assign in either of the case  aforesaid shall have take and receive out of the fortune and estate of the say  Frances Middleton and interest at per cent per annum from the date hereof now  the condition of this obligation be such that if the abovebounden Frances  Middleton her executor administrator or assign do within one month after her  intermarriage Wilson king bench with any person whatsoever except the say  Thomas box or within one month after the death of the say John Middleton pay  to the say Thomas box his executor administrator or assign with interest at  per cent from the date hereof or if the heir executor or administrator of the  say Frances Middleton do within one month after the death of the say Frances  Middleton pay to the say Thomas box his executor c with interest then this  obligation to be void or else to remain in fall force which be read and hear  the defendant plead that John Middleton the father of the defendant Frances be  now live to wit at such a place and this they be ready to verify c the  plaintiff demurrer general to this plea and the defendant join in demurrer  this case be now argue by Mr pool for the plaintiff that the plea be have and  insist that the defendant ought to have plead that none of the contingency  mention in the condition have happen for if any of they have happen videlicet  if Frances Middleton have marry any other person but the plaintiff then the  bind be forfeit unless the and interest be pay and he cite sayer v Glean lev  wherein it be say the law will supply the word which shall first happen and  rely on this case as direct in the very point Mr Henley in argue for the  defendant chief insist that it be a rule lie down in Rep b a which have always  be adhere to that where a condition be in the disjunctive the obligor have his  option to perform which part of it he please for the condition be make for the  benefit of the obligor and shall be take beneficial for he and therefore it be  at the election of the defendant to pay the and interest at the death of John  Middleton and conclude the plea be well enough Mr pool in his reply admit that  where the condition of a bind be to do one act or another or at one time or  another in that case the obligor have his election and may perform one or the  other at either of the time for the save the penalty of his bind and be say  that no answer have be give to the rule lie down in sayer v Glean that the law  will supply the word which shall first happen beside that the rule lie down in  Rep a be not as Mr Henley have say but the word of that book be and the reason  and cause of the judgement be that where a condition of a bind consist of two  part in the disjunctive and both be possible at the time of the bind make and  afterward one of they become impossible by the act of God the obligor be not  bind to perform the other part but in the case at bar no part of the condition  be become impossible by the act of God but the marriage of Frances with the  other Wilson king bench defendant be her own act whereby the bind be forfeit  so be pray judgement for the plaintiff lee C JI be clear of opinion that the  defendant become liable to pay the upon any of the contingency mention in the  condition happen but yet be doubtful upon take the whole together whether this  disjunctivecondition have not give a option to the defendant the obligor as to  the time of payment and it be certain that general speak condition be to be  construe liberal in favour of obligors therefore be incline to think that it  be the intent of the party that she shall have her election to pay the money  either at the time of her marriage with any other man or at the death of her  father and the rather because of interest to be pay at per cent Wilson king  bench er p able she have marry another man and this seem clear from the  recital in the condition Dennison I the term of the condition be not very  clear without take into consideration the recital therein whereby it appear  that the intention of the party be to marry after the death of John Middleton  the father of the defendant Frances I will not now be understand to give any  conclusive or certain opinion but as at present advice it seem to I that the  intent of the party be that in any of those case which shall first happen then  the money shall be pay and this case do not fall within the rule which put it  in the obligor power to pay the money at what time he please if a condition be  that if the obligor shall go to York or shall marry a he shall pay a month  afterward it seem to I that if be do either be shall pay the money and what be  say by chief justice Bridgman in the case of sayer v Glean I lev weigh very  strong with I wright I to be silent the court incline to give judgement for  the plaintiff the party agree before another argument ut hear