case mordant against small if a covenant to pay so much money on b transfer so  much stock to he or some other person at the request of a on or before such a  day and at such a place and to receive the stock at the say time and place a  declaration in covenant by b must state a request to transfer the fix hour on  which such transfer be modern report er p make and that he be at the place on  the last instant of the time ready to make the transfer ante post error of a  judgement give in the court of common plea in a action of covenant bring by  the plaintiff on a deedpoll the plaintiff in the action declare that in and by  the say deed the defendant covenant to pay fifteen thousand pound on the  plaintiff transfer two hundred pound south sea stock to the defendant or other  person at the request of the defendant on or before the twentyeighth day of  September and at such a place at which time and place the defendant covenant  to receive the stock the plaintiff then set forth the custom of that company  to transfer the stock at the SouthSea house in such a method and at such hour  and aver that he be at the SouthSea house c on the twentyeighth day of  September et a preparation to be et to bring before then and there to transfer  the stock and stay there from nine of the clock in the morning of that day  until three of the clock in the afternoon and until the book be shut and that  the manner of transfer be by sign the name in the book of the company c but  that the defendant or any other person for he be not there to receive or  accept the say stock and to pay the money ad damnum c and upon a demurrer to  this declaration judgement be give in modern report the court of common plea  for the plaintiff leigh for the plaintiff in error now argue that the  declaration be insufficient first the tender be ill for it be not show which  be the usual hour for transfer so that it do not appear that the tender be  make within the usual hour of transfer in the case of colebourn v Davies a  tender be plead to be make secundum usual maxim et in ranks in hujusmodi  grammatical case edit et to will which the court incline to be ill so that the  plaintiff discontinue second the tender ought to have be make the last instant  of the time three the plaintiff ought to have sign the transfer book a a  preparation to be et to bring before be not sufficient fourthly by the  contract the defendant be leave at liberty whether he will take the stock or  not for without his request he can be oblige to acceptance and it not be aver  that be make a request no action lie reeve contra first the plaintiff be at  the SouthSea house to the shut of the book so that the particular hour for  transfer be immaterial second if the plaintiff be there the whole time he must  have be there the last instant of the time three sign the transfer be make a  actual transfer which be unnecessary where the defendant do not appear  fourthly such construction will overthrow the whole contract on the request of  the defendant be word repugnant ought to be reject Pratt chief justice suppose  the plaintiff make a tender at ten of the clock then go away and in the mean  time the defendant come expect the transfer will that be a good tender No  certain therefore the plaintiff ought to have plead a tender the last instant  when the defendant be bind to attend in order for a acceptance fortescue  justice first it ought to appear that the custom and usage be to transfer  between the hour of nine and three such preciseness be not requisite in case  of a commonlaw tender because every person be acquaint with the commonlaw but  the case be different where a tender be to be regulate by the usage and custom  of a private corporation I think it ought to have be aver what be the usual  hour of transfer this be one of the point adjudge in the case of Lancashire v  Killingworth salk salk Mod ld ray comy Rep a second the tender be allege to be  make on the that of September so it may be conclude not to be make within the  proper hour for transfer three there be no necessity to fill up the transfer  so resolve in the case of Blackwell v Nash ante S c stram b such transfer will  be idle if the party do not come to accept modern report er p it in the case  of a covenant to execute a deed the party must prepare the deed get it ingross  and seal but need not execute it unless the covenantee be ready to accept it  fourthly by the word of this contract the first act lie on the defendant  videlicet to request the transfer Raymond justice it be a foolish agreement  leave the defendant at liberty to proceed in the bargain or not agreement be  to be guide by the word the tender not be make at the last instant seem ill  Adjournatur see warren v Consett ante bullock v Noke stram duke of Rutland v  Hodgson stram Thornton v Moulton stram bowl v bridge stram clark v Tyson stram  Menet v bane stram Rhodes v love bunb c