case turner against Goodwin to debt on bind condition to pay so much money for  which the obligee have recover judgement against a upon consideration that the  obligee will forbear to sue out execution against a and assign over the  judgement to the obligor if the defendant plead that the obligee have not  assign the plaintiff may reply that he be ready to assign S c post S c pale  yellow S c fort this be a action of debt upon a bind for three thousand pound  condition for the payment of fifteen hundred pound the condition of the bind  recite that whereas dibble be indebt to turner in a bind of three thousand  pound condition for the payment of fifteen hundred pound and have recover  judgement for this money Goodwin upon consideration that the plaintiff will  forbear sue out execution upon dibble promise to pay the money to turner upon  request modern report he assign over to he the judgement he have against  dibble the defendant plead in bar that the plaintiff have not assign the  judgement the plaintiff reply that he be ready to assign the defendant  demurrer and the plaintiff join in demurrer in be argue for the defendant that  the word assign over the judgement be in the nature of a precedent condition  for otherwise the defendant will be without any remedy at law for the  assignment of his judgement the obligee only be able to sue upon this bind but  that on the other hand no inconvenience can arise to the plaintiff in  interpret this a precedent condition because he can put the bind in suit for  his money but suppose the word may with a equal probability admit of either  interpretation consider simple in their own nature yet be the word of the  condition of a bind which be always in ease and favour of the obligor they  must upon that account be interpret a precedent condition in a action on a  covenant to pay so much money the plaintiff make to the defendant such a  estate in land the declaration be not a preparation c he have not pay the  money and the defendant plead that the plaintiff have not make such a estate  and upon modern report er p demurrer judgement be give for the defendant this  be resolve to be a precedent condition a Lutw vent a the court be divide in  their opinion Parker chief justice and powys justice for the plaintiff be of  opinion that the single question be who be to do the first act and that the  modern report obligor be to do it for though the obligor be not bind to part  with the money unless the judgement be at the same instant of time assign to  he yet he be bind to seek out the obligee bring the money and tell he sir here  be your money if you will assign the judgement Eyre justice for the defendant  be of opinion that the word assign the judgement amount to a precedent  condition first because the form of speak yield pay c do always import so  unless the nature of the thing speak the contrary and second because if the  judgement be assign first the bind may be put in suit for the money but if the  bind be pay first there lie no remedy at law for the judgement a this case  come on to be argue a second time and the court advisare vult S c pale yellow  S c post and judgement be afterward give for the plaintiff S c post by the  unanimous opinion of the court S c fort a