ANVERT and ENNOVER how far it be incumbent on the party to allege by his plead  that be make a offer in debt on article the plaintiff declare that by a  certain deed execute between the defendant and her she covenant with the  defendant on her part to assign over to the defendant at his proper cost and  charge all her right and interest in a certain tavern call the belltavern and  two message thereto adjoin on or before the that of June next follow the date  of the deed and far the plaintiff covenant with the defendant that if he  choose to enter into the same before the say that of June he shall have free  liberty so to do in consideration whereof the defendant covenant on his part  to pay to the plaintiff the sum of S on the say that of June and if he shall  enter into the premise before that day he will pay all the rend and tax that  shall be in arrear at that day the plaintiff aver that the defendant do not  pay her this S on that day nor any part thereof and for this she bring her  action the defendant plead that the plaintiff do not offer any assignment to  he of the premise on or before the day mention in the deed nor do he before or  at any time since enter upon the premise to this plea the plaintiff demurrer  sergeant chapel argue in support of the plea and say that he conceive the  offer the assignment be a condition precedent to the tender of the money and  as it be not pretend that the plaintiff do make such offer he submit it she be  not entitle to bring this action in the case of turner and Goodwin Trin Ann  the defendant agree to pay to the plaintiff upon his assign a judgement Lord  Macclesfield declare there that where there be no word to determine the  priority of the act a middle way be to be choose the party be not oblige to  make a absolute tender of the money first but by such word as these I tender  you the money so as you make a assignment and far to this purpose the sergeant  cite salk Lutw and dyer Mr draper on the other side say that in the present  case he submit it there be mutual covenant on both side and in such case the  act to be do on the one side shall not be consider as condition precedent to  act to be do on the Barnardiston king b other for this purpose he cite Roll s  Abr sand the court incline to be of opinion for the plaintiff however this  matter stand over vide postea