case GRENNINGHAM against ewer Hilary term Elizabeth roll to debt on bind  condition to deliver up three obligation or to seal such a release of they as  shall he devise by the obligee before such a time it be a good plea in bar of  the action that the obligee do not devise any release before the time mention  post roll Abr gold more Popb   a Mod I burr wood con debt upon a obligation  condition that if the defendant deliver unto the plaintiff three obligation  wherein the plaintiff be oblige unto he or seal and deliver to the plaintiff a  release of they as shall he devise by the plaintiff counsel before Michaelmas  that then c the defendant plead that neither the plaintiff nor his counsel do  devise any release before Michaelmas judgement si action c and it be thereupon  demurrer gawdy hold it to be a good plea for there be a rule in law that the  condition of obligation be always for the benefit of the obligor and shall he  expound liberal for he then there he two thing to he do videlicet to deliver  the obligation or to make a release and a release can be make by the act of  the obligee because he do not devise it so by his act part of it hecoming  impossible to he perform the law shall discharge he of the other part and it  may be he have lose the obligation so as they may not he deliver and the  intent of both be but only to have they discharge which may he by a release  make wherefore c Clench without doubt he ought to do the one or the other or  at leastwise to offer himself to the obligee that he be ready to make the  release so as there he not any default in he for he ought to do the first act  for it may he the obligee will have require he to have make the release and he  can not he find so he by his own act will have avoid the obligation which be  not reaSODable Fenner accord first it be plain if both thing rest in the power  of the obligor to perform he may perform the one or the other at his election  and if before the day of performance it hecomes impossible to perform the one  thing or the other by the act of the obligee or of God that he be discharge of  the obligation and so it be adjudge Edward in Hendlows report although it  hecomes impossible by the act of God but here the obligor have not election to  do the one or the other but he have power of himself to do the one thing  videlicet to deliver the obligation and of the other by a contingent act to he  do by the obligee at the election of the obligee if he will advice it but  forasmuch as the obligee have not advice it the obligor be now bind to deliver  thle obligation the nonperformance whereof be a forfeiture of the obligation  Popham accord if it be disjunctive and absolute to perform croak Elizabeth the  one or the other at the election of the defendant and one part afterward  hecomes impossible to he perform by the act of the obligee the obligation  shall thereby he discharge but it be not here disjunctive at the first but  upon a possibility afterward it may come to he disjunctive videlicet if the  obligee devise the release the which devise not be make the condition be  single and absolute to deliver the obligatiODs as if a be oblige to feoff I of  certain land or upon the return of from Rome to pay I twenty pound if b never  return yet he shall feoff I and it be clear if the second part of the  condition have be that he shall make I such a release as I S a stranger shall  devise and he do not devise any that the obligor ought to have perform the  first part of the condition but here because the obligee himself do not devise  the release the question be croak Elizabeth er p whether he shall have  advantage of the obligation and I conceive it to he all one with the case of  Henry if one he oblige to feoff I of such land or to marry a S before such a  day and a stranger m rries a S before the day yet he ought to make the feoff  but if the obligee rmarried with a S before the day the obligation be  discharge the reason there be because there be a absolute disjunctive  condition at the first and when the obligee himself dispense with the one the  obligation be discharge but here it be but a simple condition without the act  subsequent of the obligee which act not be do the obligation remain always on  the one part to he perform which not be p rf rmed it be forfeit wherefore c a