case lock against wright Hilary term Geo roll if a covenant by a deedpoll to  assign so much scrip as soon as the receipt shall be deliver and b covenant in  consideration thereof to accept the same and to pay so much money to a on a  certain day for the say scrip a declaration in debt for nonpayment of the  money on the day bring by a on this agreement must aver that the scrip be  assign to b or a tender to assign it make when the receipt be deliver out S c  stram debt upon certain article date the sixteenth day of September for the  penalty on a bind for not perform covenant on a SouthSea contract the case be  this the plaintiff lock by a deedpoll covenant to assign five hundred pound  SouthSea stock or credit in the four subscription to the defendant as soon as  the receipt shall be deliver out and the defendant covenant in consideration  thereof to accept the receipt as soon as the same shall be deliver out and to  pay nine hundred and fifty pound to the plaintiff on the sixteenth day of  November follow for the say five hundred pound credit afterward by a Act of  parliament Geo saint c the company be prohibit from give any receipt for so  long time and now in a action of debt upon the covenant bring by the plaintiff  he declare that the defendant pro consideration of the say stock sell to he  covenant to pay nine hundred and fifty pound to the plaintiff at such a time  and assign the breach in nonpayment of the money at the time videlicet on the  say sixteenth day of November secundum form a joint and therefore demand the  penalty the defendant demurrer to the declaration because the plaintiff have  not set forth that he deliver the receipt or aver a tender thereof it be argue  for the defendant that this declaration be ill because the plaintiff have not  allege the performance of the covenant on his part which he   lev a ought to  have do to entitle he to this action it be in the nature of a condition dyer  hob sand b precedent and not of mutual covenant to prove which the authority  in the margin wereDyer Plowd Com Rep sand vent Lutw Mod salk Com Rep pl ld  raym Mod c cite on the other side the counsel for the plaintiff argue that  this declaration be good because the defendant be to pay the money on a  certain day but there be no indefinite term for the delivery of the stock for  that be to be deliver when the modern report er p book of the company be open  therefore although the plaintiff be hinder to deliver the stock before the day  appoint for the payment of the money yet the defendant ought to pay it on the  very day he have covenant so to do for this be a contract execute modern  report and not executory and from the very time of the agreement the defendant  have credit for the stock it be true he have no remedy at law to recover it  but he have a proper remedy in equity and be can have no other if he have the  receipt for these be only a evidence that he have so much stock in the company  beside this be a action of covenant upon a specialty in which it be not  requisite to lie a consideration to entitle the plaintiff to the action  therefore though he allege that he covenant to assign the stock c and that the  defendant pro consideration ind covenant to pay the money this do not destroy  the specialty for he can give such consideration in evidence at or before the  day of payment of the money be tie up by a Act of parliament to which every  man be virtual a party and the covenant on the defendant part be to accept the  receipt whenever the company will give they and to pay the money on a certain  day he ought therefore to pay it on that day and not to wait the time of the  delivery of the receipt which by the original agreement be indefinite the  court upon the first argument of this case be of opinion that since it be  agree by the counsel for the plaintiff that the defendant have no remedy for  this stock but in a court of equity it will scarce be allow that a equitable  interest will be a good consideration to support a action at law and that the  case which come near to the principal case in sense happen in the time of holt  chief justice which be thus see viner Abr a a man hire another for a year and  it be agree on all side that the person thus hire can have no action for his  wage until the year be expire but if the master have covenant to pay it on a  certain day within the year in such case a action will lie before the year be  end but the principal case go far for there the consideration be mere a  equitable interest afterward in Trinity term in the nine year of George the  first the follow judgement be give for the defendant because this deed of  covenant be only a deedpoll it be for that reason the deed of the defendant  only and therefore the covenant can be mutual and it will be very hard that  the plaintiff shall maintain this action for the money before be transfer or  tender to transfer the stock when the defendant have no remedy to recover it  at law but only a right to have it decree to he in equity modern report in all  executory agreement and this be one where one thing be to be perform pro or in  consideration of the performance of something on the other part the word pro  amount to a condition precedent so that the plaintiff can sue without aver a  performance of the condition where pro denote the consideration it be a  condition precedent pro be a proper word to create a conditionCo light a b in  a grant of a annuity pro One promontory terr the word pro show the cause of  the grant and therefore amount to a condition for if the acre be evict the  annuity cease   I c but a feoff of land pro council expense c if the feoff  deny counsel yet the feoff can reenter for the sale of the land be execute as  pro be a proper word of condition so it may be construe either precedent or  subsequent as best answer the intent of the party if I sell a horse for ten  pound the vendee can sue for the horse without aver payment or tender of the  money the several distinction in the case of Thorpe v Thorpe ld ray comy Rep d  be very nice and reasonable so be the case of colonel v Biggs salk and this  case in Salkeld be infinite strong accord to the manuscript but not so strong  accord to strange e which be thus a agreement be make that the defendant shall  pay so much money within six month the plaintiff transfer his stock which he  agree to do the defendant pay the money agree on and it be adjudge that if  either party sue upon this agreement the one must aver and prove a transfer of  the stock or a tender to be transfer and the other must aver and prove the  payment of the money or a tender of payment because the transfer in the first  part of the agreement be a condition precedent and though these be mutual  promise yet where the one thing to be do be the consideration for do modern  report er p the other the performance of that thing must be aver it be true  the book go far videlicet unless there be a certain day appoint for the  performance which make it exact like the principal case so where in a action  on the case the plaintiff declare that there be a discourse of a mortgage  c Salk Lutw a the plaintiff agree to release the equity of redemption and in  consideration thereof the defendant agree to pay seven pound and there be  mutual promise lie and the plaintiff aver the performance on his part and that  the defendant have not pay the seven pound it be adjudge that the release the  equity of redemption be part of the agreement which the plaintiff ought to  execute for it be upon that consideration that the defendant be to pay the  money therefore the release be to precede and until that be execute the  plaintiff have no cause of action now in the principal case that this be a  deed poll they ground their opinion upon the case of pordage v coal sand keb  raym side vent lev b which be thus there be a agreement in write between the  party that the one shall pay five hundred pound to the other for all his land  in witness c this agreement be mutual execute c and afterward the plaintiff  bring a action of debt for the five hundred pound without aver in his  declaration that he have convey the land or tender a conveyance thereof and it  be adjudge that after the day be pass on which by agreement the land be to be  convey the action be well bring for the money because this be a modern report  mutual agreement upon which either party have a mutual remedy but it be  otherwise where the preposition pro make it a condition precedent and the  court hold that it will have be otherwise in the case last mention if it have  be the deed of one of the party the true distinction be between a deedpoll and  a indenture execute by both party if one agree to do a act and the other agree  to pay pro the act the first person can sue for the money without aver  performance of the act pro do not make a condition precedent where the deed  show the intent of the party to be contrary as if the money be agree to be pay  before the act can be do in this case the defendant have no remedy to compel a  transfer of the stock if he pay the money wherefore judgement be give for the  defendant see Wivel v Stapleton post Blackwell v Nash post shelburn v  Stapleton post bullock v Noke stram duke of Rutland v Hodgson stram bowl v  bridge stram Rhodes v love bunb merit v Rome stram clark v Tyson stram Dawson  v mire stram Jones v Berkeley dougl c