a contract with b to have his iron split at his mill and make into hoop and to  pay as other do upon this contract money be due to b afterward a undertake to  furnish the victuallingoffice with a quantity of iron hoop at pound the tun  the money become due for the same be to be pay at a certain day or bill which  do carry interest to be then give he make another contract with b for the hoop  to be deliver to he in such convenient time as he may furnish the  victuallingoffice at pound per tun and upon this agreement a covenant either  to pay the money by a certain time or at the expiration thereof to give a bind  for it with interest at pound per cent b deliver all the good agree for by the  contract except weight which by mistake be deliver to a wrong person and then  the time limit for the delivery expire b be acquaint with the mistake offer to  make up the defect of the quantity but a have no occasion for they the parcel  never be deliver and a never complain of any prejudice he receive by the  disappointment several sum be pay general to b the last of which be pound  which be more than enough to satisfy the first contract and afterward another  sum be pay and a acquittance write upon the bind which be give upon the second  contract and a place several of these payment in his own book to the account  of the last contract the question be whether they shall be intend to be apply  to the discharge of what be due upon the first or second contract and per Lord  Chan the money shall be first apply to the discharge of the demand of the  first contract and the surplus to the discharge of the demand upon the second  a man that pay money may pay it upon what condition he please and the person  that receive it receive the condition with it but then the condition must be  express at the time of payment it be most natural that the debt which be first  contract shall be first pay the money for which a discharge be give upon a  bind his lordship allow applicable to the last contract and he from hence  argue that a s intent in his other payment be to discharge the debt due upon  the first contract east Ann Wentworth v man ms Rep courtesy vide tenant by the  courtesy Eq can Abr p equity case abridge cap XXIX custom OF London it be to  be observe that question touch the custom of London have be less frequent  since the make of the Act of Geo cap than theretofore for by that Act sect it  be enact that it shall be lawful for all person who after the first of June  shall become free of the city and for all who equity case abridge er p at that  time shall be unmarried and not have issue by any former marriage to dispose  of their personal estate and sect say but if any person who shall be free of  the city have agree or shall agree by write in consideration of his marriage  or otherwise that his personal estate be distribute accord to the custom of  the city or in case any person so free shall die intestate his personal estate  shall be subject to the custom of the city a of the custom of London with  respect to the child of a freeman and what be a bar of the child orphanage  part and here of advancement and bring into hotchpot and also of survivorship  b concern the widow of a freeman and what shall be a bar of her customary  share c concern the legatory or dead man share a OF the custom OF London with  respect TO the child OF a freeman and what be a bar OF the child orphanage  part and here OF advancement and bring into hotchpot and also OF survivorship