case turner against Goodwin to debt on bind condition to pay so much money for  which the obligee have recover judgement against a upon consideration that the  obligor will forbear to sue out execution against a and assign over the  judgement if the defendant plead that the obligee have not assign the  plaintiff may reply that he be ready to assign the judgement for the  assignment be not a condition precedent S c ante S c post S c pale yellow S c  fort this case have be argue last easter term and come now to be speak to  again it be a action of debt upon a bind condition for the payment of so much  money the plaintiff assign over to the defendant such a judgement against d  Pratt sergeant for the defendant insist that the assign be a condition pre  modern report er p cedent to the payment it be say that in the obligation  there be very proper and significant word to make a condition either precedent  or subsequent that therefore it shall be take either one way or the other as  will best answer the intention of the party now the intention of the party  undoubted be that the plaintiff shall have the money and the defendant the  judgement but this intention can never be support by take it to be a condition  subsequent for the money be once pay can be bring back again in case the  judgement shall not be assign over the law lie such a stress upon support the  intention of the party that it will interpret word not at all proper to amount  to a condition rather than the intention of the party shall be violate as the  common case in   light of the grant of a annuity pro council impendend it can  be object that the defendant ought to have concur in do this act and request  the plaintiff to assign c because this be a act that it be in the power of the  plaintiff to perform alone for the judgement will immediate upon the  assignment vest modern report in the defendant before his acceptance of it a  the case quote in the argument for the defendant be spring v Caesar sand Jones  Edward v Hammond lev grey case cro car   large v Cheshire vent and the case of  butler v baker and Poph note to the former edition a sergeant Chesshyre for  the plaintiff insist that the defendant be bind to do the first act videlicet  to offer to pay the money though he acknowledge that the payment of the money  and assignment of the judgement be to be concomitant act in the execution he  rely much upon the replication of the plaintiff which the defendant have  demurrer to it must be admit as true in this replication the plaintiff say  that he be ready to assign c and request the defendant to pay the money which  the defendant refuse this refusal the sergeant insist to be a absolute refusal  and not a conditional one videlicet unless the judgement be assign and this  absolute refusal of the defendant to pay the money be insist upon to be a  sufficient discharge to the plaintiff from prepare the assignment he refer to  the case of Thorpe v Thorpe b Lutw b where most of this sort of learning be  state Adjournatur c this case be argue again in easter term whether and in the  term follow judgement be give for the plaintiff S c post c