coke b sir anthony mains case pasch Elizabeth rot in error in the king bench a  make a lease for twentyone year by indenture to b and covenant at any time  during the life of b upon surrender of his lease to make a new lease after the  say lease and during the life of b a accept a fine sur conusans de law come  Ceo c and by the same fine grant the land to the conusee for eighty year and  it be hold a breach of covenant and resolve that a have break his covenant  though no surrender be make by b if a man seize of land in fee covenant to  feoff I S of they upon request and afterward make a feoff in fee of the say  land I S shall have a action of covenant without request in the principal case  if the term of eighty year be but a interest of a future term yet b shall have  a action of covenant without make any surrender SC moor cro Elizabeth Poph and  jenk cent vide the entry   Entr pl the case in effect be that sir Anthony main  do lease certain land to scot for year by indenture and covenantee that at any  time during the life of scot upon surrender of his lease sir Anthony c will  make a new lease during the residue coke report a er p of the year and bind  himself to perform the covenant c and now in debt on the say obligation by  scot against sir Anthony he plead that scot do not surrender c to which scot  reply and say that coke a after the say lease sir Anthony have accept a fine  sur conusans de law come Ceo c and by the same fine grant and render the land  to the conusee for year upon which the defendant do demurrer in law and it be  adjudge for the plaintiff and in this case three point be resolve that sir  Anthony main have break his covenant without any Hardres roll Rep hut winch Cr  Elizabeth jenk cent more Poph raym a surrender make for by the say fine levy  by he for year he have Bulst Perk sect light sect   b   title a b a Plowd a    b a h b Br condition ass h b Cr Elizabeth more Anders Poph hut b disable  himself either to take a surrender or to make a new lease and the law will not  enforce any one to do a thing which will be vain and fruitless roll Rep hard b    light b b postea a c law no one think ad vanan seu useless peraqenda but it  will be vain to compel he to make a surrender to he who can take it and  although the lessee in this case by the word of the indenture ought to do the  first act sure to make the surrender yet when the lessor have disable himself  not only to take the surrender but also to make a new lease accord to the  covenant for this cause the lessors covenant be break without any surrender  make Vid send for touch corn dig Cond m m Bac ab coy h note b c winnington  case Rep b vol I p a vide e Cr Elizabeth d bar e   a e a if you be bind to  feoff I of the manor of d before such a feast if you make a feoff of the say  manor to another before the say feast you have forfeit your obligation  although you repurchase the land again before the feast because you be once  disable to make the feoff and therewith agree tempt e covenant if a man lease  a manor for year and the lessee covenant to keep the house of the manor and as  much as be in the manor in as good plight as he find they during the term the  lessee commit waste in the house and in cut of oak the lessor bring a action  of covenant   a f n b king more roll Rep godb f before the end of the term for  the oak because for they it be impossible that the covenant shall be perform  otherwise it be of the house but it have since be determine that a action may  be bring before the term have expire upon a covenant to repair and keep in  repair during the continuance of the term and this position in hains case as  far as it respect house be deny to be law Luxmore v Robson barn Ald b and  therewith agree f n b pound e light covenant it be resolve if a man seize of  land in fee covenant to feoff I S of they upon request and Bulst g afterward  be make a feoff in fee of the say land now in this case I S shall have a  action of covenant without request and that in effect be all one with the  principal case it be resolve that in the case at bar if the say term of year  be but a interest of a future term so that scot notwithstanding that may make  the surrender yet in such case scot shall have a action of covenant without  make any surrender for true it be that he may surrender but also true it be  that sir Anthony after such surrender can make the new lease which be the  effect that the surrender shall produce and therefore in as much as the lessor  have disable himself to make a new lease which be the effect and end of the  surrender and that which he ought to do on his part the lessee shall not be  enforce to make the surrender which be the first thing to be do on his part  coke b for by the surrender coke report b er p he will lose his old term  without a possibility of have the new accord to the lessors covenant and  therewith agree h a I roll Rep Perk sect h b Fitzherbert bar Br condition a  parson of the church of g be bind in a obligation of to the prior of e the  condition be that if the parson resign his church within certain time to the  prior for a certain pension as they can agree that then the obligation shall  be void and afterward and within the time the prior and parson agree of a  pension of yet the parson do refuse to resign and the opinion of the whole  court be that although they have agree of the pension yet the parson be not  bind to resign until he be sure of the pension and that he can be without deed  and therefore in such case the parson be not oblige to resign until the prior  have tender he a deed of the say pension by which he may be sure of it