brook and booth against uvoodward ADMINSRATOR OF John low in debt upon a bind  the defendant pray oyer of the condition which be enter in hc word the  condition of this obligation be such that if the obligor do deliver to the  plaintiff two hundred weight of hop in consideration of ten pound march report  er p already pay and fifty five pound to be pay at the delivery and the  plaintiff to choose they out of twenty four bag of the obligors own grow and  to be deliver at f at a day certain provide that if the plaintiff shall  dislike their bargain that then they shall lose their ten pound and if they  like they shall give ten pound more c upon oyer of which the defendant plead  that the plaintiff non to pluck out and upon that the plaintiff do demurrer in  law and show for special cause of demurrer that the plea be double Withrington  for the plaintiff that the plea be double in that the defendant have allege  that he be ready and that the plaintiff non to pluck out which be both  issuable plead and each of they of it self admit no request of the part of the  defendant requisite be sufficient in bar of the action beside he conceive as  this case be that the first act ought to be do by the defendant for he ought  to show the bag and request the plaintiff to make election and he compare it  to the case in e and also to Hawlins case Rep far he conceive that the  defendant ought to have allege that he have twenty four bag and twenty four  bag of his own grow for if be have not they it be impossible for the plaintiff  to make choice and by consequence the condition break Twisden contrary that  the plea be not double for the allege himself to be ready be but inducement to  the subsequent matter quod non to pluck out and march report he rely only upon  their election and in proof thereof he rely upon the book h and e far here no  notice be requisite nor he ought not to aver that he have they for be be bind  to deliver they he be estopt to say that he have they not Elizabeth dyer and  Elizabeth dyer as to the show of they we ought not to do it for the plaintiff  ought to do the first act videlicet request the defendant to show the bag for  they to make choice of and the whole court strong incline against the  plaintiff for the reason before give and they advice they to waive the  demurrer and plead de to make new which they do