case lancashire vers KELLINGWORTH executor of in b r plaintiff declare that  defendant testator agree to pay to the plaintiff upon his transfer so much  stock and then aver that he be ready and offer to make a transfer and that the  testator be not Willing to accept of it it be determine first that where a man  be to pay money upon a act be perform and there be a tender of perform the act  and a refusal it be equivalent to its have be do Mod SC ld raym S c salk salk  SC say Rep the case appear to be this upon the declaration the testator  covenant with the plaintiff upon the transfer so much stock in the HudsonBay  company to pay and the plaintiff aver that he be ready and offer to make a  transfer but that the testator be not Willing to accept of it and holt c j  deliver the opinion of the whole court and he say that if a man be to pay  money upon a act do and there be a tender of do it and the party refuse it be  tantamount as if it have be do but here the tender be not well allege for the  plaintiff say that he be comens ready and the defendant be not Willing to  accept and whenever a man plead a tender he ought to plead a refusal also side  sand vent S c then if the defendant be not present and for that reason be can  not refuse the plaintiff ought to show that the defendant have notice and that  the plaintiff be ready and no defendant come c Yelv cro SC cro James S c a and  if it be plead that the defendant have notice and do not come it ought to be  show when and at what time the plaintiff be ready videlicet that he attend to  the last part of the day   b wade case and in such case the late way of plead  be that the defendant do not come nor any other for he though this be not of  necessity for if a man plead a tender and refusal it be sufficient to show the  refusal without say at what time the refusal be for a refusal by the party at  any time or place be sufficient but if a man plead notice give by which it  appear that the defendant be not present when the act ought to have be do then  the plaintiff must say that he be ready at such a time videlicet to the last  part of the time when the thing be to be do and that the defendant or any for  he do not come and the reason of all those case be that when the plaintiff  himself be to do a act and that act be not do he ought to show to the court  that he have do every thing that be in his power hob a cro   and therefore  judgement be give for the defendant by the whole court