bowl and MARKWITH covenant to pay such a sum for such a share of SouthSea  stock provide the same be tender at a certain time and place in covenant the  plaintiff declare that he the plaintiff do covenant with the defendant to  transfer at a certain day such a share of stock with the dividend and profit  that in the mean time shall arise upon the same to the defendant at the  SouthSea house at the usual hour when the Fitzherbert Gibbon book of the  company be open and that the defendant do covenant to accept the same and pay  so much to the plaintiff for it provide the plaintiff do tender it at the time  and place abovementioned and he aver that he be at the SouthSea house at the  day at the usual hour when the book be open to tender the say share of stock  with the dividend and profit of the same to the defendant but that the  defendant do not accept the same send inside object thus far reject to take c  the defendant demurrer special and it argue by reeve for the defendant that  the plaintiff shall not only have say general that he do tender the dividend  and profit but also have specify what they be and this be the same with a  tender of rend and arrear which must be allege special and the defendant have  demurrer special to it make it fatal and the declaration be nought for another  reason for the plaintiff only aver that he be at the SouthSea house at the  usual hour whereas he ought to have special set forth those usual hour and  then have aver that he continue at the SouthSea house till such a time of the  extremity of those hour within which he may convenient have make a tender  accord to the covenant and the case of Lancashire and Killingworth salk and  Mod be in point Bootle for the plaintiff it be sufficient to assign a breach  in the word of the covenant cro and here the plaintiff have aver a tender of  the dividend and profit accord to the letter of the covenant and the only  disadvantage that can be suppose to the defendant from the plaintiff not have  specify how much the dividend and profit be be that if issue be join it will  be too general for the defendant to make a defence thereto which can be in the  present case those be thing certain in their own nature as to the other  objection it be general true the party must be at the place appoint at the  extreme time of the day or hour to make a tender but if he be there at any  time of the day or hour and make a tender and that the other party refuse to  Fitzherbert Gibbon accept he have perform his part Inst b   now the plaintiff  have set forth that the defendant refuse to accept which necessary imply a  tender and this make a clear difference between the present case and that of  Lancashire and Killingworth for there no refusal be lie and though it be not  express lie the refusal be at the place appoint yet it must be so take and if  issue have be join the plaintiff must have prove it cur the plaintiff have not  entitle himself to his action for that he have not show what be the usual hour  of keep the book open and that he be at the place a convenient time before  shut the book ready to make a tender and the refusal be not express lie to be  at the time and place shall not be so intend if it have be so lie it will have  be good wherefore the plaintiff pray to discontinue and it be oppose the court  answer that as this case be judgement for the defendant will not be a bar to  the bring another action FitzGibbon er p