case harnan vers ouden in b r assumpsit to deliver oatmeal on board a vessel  to be bring by the plaintiff on or before the that of January breach that he  do not deliver upon the that be good after verdict ld raym SC Mod SC holt SC  salk SC Com dig bull Ni Pri edit p   Litt a cro James lev vent S c this be a  action upon the case upon a assumpsit in which the plaintiff declare that in  consideration of pay by he to the defendant the defendant assume to deliver so  many quarter of oatmeal at Newhaven aboard a vessel to be there prepare by the  plaintiff on or before the that day of January next follow and it be assign  for breach that the defendant do not deliver the quarter of oatmeal upon the  say that day of January at Newhaven to his damage c after a verdict for the  plaintiff in the county of Sussex it be move in arrest of judgement that here  the breach be comens not well assign for the plaintiff lie in his declaration  the promise to be to deliver the oatmeal on or before the that day of January  so that the defendant have liberty to tender or deliver it before that day as  well as at that day the breach be that the defendant do not deliver it at the  day but it be not say that he do not deliver it before but holt c j give the  opinion of the court that the declaration be sufficient for the that day of  January be the proper day for the delivery for if the defendant have tender  the quarter of oatmeal at any time before that day and the plaintiff have not  be there to accept of the tender the tender have not be good vide infra p Com  dig a and in a action bring by the plaintiff the defendant can avoid the  payment by such a tender and this appear by the case cro Elizabeth more pl SC  b a man be bind by a obligation to pay money on the that of September or  before and he tender the money at the place on the that of September the  obligee not be there to receive it and it be hold by the court that the tender  be not good for it ought to have be make on the last day videlicet on the that  of September here in the principal case the that day of January be the last  day for the delivery and the defendant can not make delivery or tender before  that time to the plaintiff if he be not present to accept but if the plaintiff  have be present at a day before and have receive the oatmeal yet the  declaration be good after a verdict for the defendant may give such acceptance  in evidence and then the issue will be for the defendant but when the issue be  find for the plaintiff the verdict aid the declaration and show that there be  no delivery at or before the that day of January and for that purpose he cite  the case sand sand vent lev keb keb a Peter and Opie