case hays against Bickerstaff a clause in a lease that the lessee pay the rend  and perform the covenant on his part to be perform shall quiet enjoy the  premise be not a condition but a covenant S C Vaugh S C Freem Jones roll Abr  roll Rep roll Rep Leon side Owen Leon Poph pale yellow eved ld ray t Jones in  covenant bring by the lessee who declare that the lessor covenant with he that  he pay the rend and perform the covenant on his part to be perform shall quiet  enjoy the breach assign be a disturbance by the lessor who plead that till  such a time the plaintiff do quiet enjoy the thing demise without disturbance  but then be cut down wood modern which be contrary to his covenant and then  and not before be enter and so by the plaintiff not perform his covenant the  defendant covenant cease to oblige he whereunto the plaintiff demurrer the  question be whether the defendant covenant be conditional or not for if it  amount to a condition then his entry be lawful but if it be a covenant it be  otherwise for then he ought to bring his action Pemberton sergeant for the  plaintiff that this covenant be not conditional for the word pay and perform  signify no more than that he shall enjoy c under the rend and covenant and it  be a clause usual insert in the covenant for quiet enjoyment indeed the word  pay in some case may amount to a condition but that be where without such  construction the party can have no remedy but here be express covenant in the  lease and a direct reservation of the rend to which the party concern may have  recourse when be have occasion a liberty to take potwater pay so many turn c  be a condition the word pay and yield make no condition nor be it ever know  that for such word the lessor enter for nonpayment of rend and there be no  difference between these word and the word pay and perform in bennet case in  the king bench it be rule no condition duncomb case Owen Rep a cook v Herle  post Vaugh Mod ld ray a barrel sergeant for the defendant say that the  covenant be to be take as the party have agree and the lessor be not to be sue  if the lessee first commit the breach modus et assembly quality the general  word concern quiet enjoyment the court take time to consider and afterward in  this term judgement be give for the plaintiff that the covenant be not  conditional Atkins justice doubt