case Bernee versus pit Esq Lord chancellor Jan Ch can S c follow ORorke v  Bolingbroke App Cas see Davis v duke of Marlborough swan n and case there  collect wiseman v beak vern not v hill vern the plaintiff be a young man as he  allege and his father tenant for life only of a great estate which by his  death be to come to the plaintiff in tail and during his life allow the  plaintiff but a narrow allowance he become indebt and borrow pound of the  defendant in and enter into two judgement of pound apiece defeasanced each of  they that if the plaintiff outlive his father and within a month after his  father death pay the defendant pound and the plaintiff shall marry Vernon  chancery case er p in the lifetime of his father then if he shall from such  marriage during his father life pay the defendant interest for his pound the  defendant shall vacate the judgement with this far clause in the defeasance  that it be the intent of the party if the plaintiff do not outlive his father  that the money shall not be repay January the plaintiff father die and to be  relieve against the say judgement upon payment of the pound lend with Vernon  chancery case interest be the bill which complain of a fraud and a work upon  the plaintiff necessity when in straight this cause come first to be hear in  HillaryTerm car before the Lord Nottingham who in regard the judgement be for  money lend and not for ware take up to sell again at undervalue as improvident  heir use to do this distinction be not state in the register book the word be  that as the cause be his lordship can not relieve the plaintiff otherwise than  against the donc penalty r l and in regard of the express clause in the  defeasance of the defendant lose all if the plaintiff die before the father do  not think fit to relieve the plaintiff against the bargain itself without pay  the pound with interest from a month after the plaintiff father death and do  decree upon the payment of the with interest the defendant shall acknowledge  satisfaction upon the judgement and the money be pay be pound and the  judgement vacate accord and now the cause come to be reheard at the plaintiff  instance before the Lord chancellor jefferies it be insist that there be no  true difference in the case of a unconscionable bargain whether it be for  money or for ware and that the insert the clause in the defeasance that the  defendant shall lose his money if the plaintiff die before his father do not  differ the case in reason at all from any other bargain make by the plaintiff  or other tenant in tail to be pay for at their father death for the in these  case if the tenant in tail die live the father the debt will be lose of course  and therefore the express of it particular in the defeasance make the bargain  the worse as be do to colour a bargain that appear to the defendant himself  unconscionable and though there be not in this case any proof of any practice  use by the defendant or any on his behalf to draw the plaintiff into this  security yet in respect mere to the unconstionableness Vernon chancery case of  the bargain the Lord chancellor discharge the Lord nottingham decree and do  decree the defendant Pitt to refund to the plaintiff all the money he have  receive of he except the pound original lend and the interest for the same Reg  lib a fol vide on this head batty v Lloyd ante Vol and case cite in note there  bill v price ante Vol Lamplugh v smith post Whitley v price post