case Keble against brown a man agree on a particular day to seal a conveyance  of all the land he then have queen if a conveyance date eighteen month  afterward of all the land he then b d be not substantial variant from the  agreement ante post assumpsit whereas the plaintiff the d January Elizabeth  bargain with the defendant for all his land in Yarmouth and they agree to  stand to the order of one Skarborougb for the sum which the plaintiff shall  pay and what assurance the defendant shall make and that they promise the one  to the other to perform that order make by Skarborough and allege in fact that  the say Skarborough the say d January Elizabeth appoint that the plaintiff  shall pay such a sum for the land and that the defendant shall make a  indenture of bargain and sale of all the land which the defendant then have in  Yarmouth and show further that on the that Septemher Elizabeth he devise and  render to the defendant a indenture of bargain whereby he sell to the  plaintiff all the say land which he then have in Yarmouth hahendum to he and  his heir secundum state of siege el agreamentum prcedictum which the defendant  refuse to seal the defendant plead non assumpsit and find against he to his  damage of it be now move by Godfrey in arrest of judgement that the indenture  of bargain and sale be not warrant croak Elizabeth by that agreement and  therefore the defendant be not bind to seal it because it may he that he have  other land on the that Septemher Elizabeth than he have at the time of the  agreement on the d January Elizabeth and the assurance ought to have be make  of the land only which he have at the time of the agreement of that opinion be  gawdy and Fenner for the assurance be not draw accord to the agreement and  therefore he need not seal it although he have not in truth any croak  Elizabeth er p more land on the that Septemher Elizabeth than he have on the d  January Eliz and in proof hereof be cite stride case dyer but Popham contra  for although the indenture vary in word from the agreement yet if it vary not  in substance it be not material and therefore if he have no more land than he  have d January Elizabeth he ought to have seal it for it stand with the  agreement and if hehath he may refuse and it ought to be special show on his  part for it be not necessary to he intend and always if the assurance draw  agree in substance with the covenant although they vary in word it be not  material as if it be covenant to assure all his land in d and the assurance be  draw by particular name yet it be good quod gawdy to go away but say that here  it be special appoint that he shall make assurance of all the land which he  have at such a time which differ much c wherefore c et adjournatur the matter  be afterward refer to compromise