coke b laughter case in the king bench Trin Elizabeth SC cro Elizabeth sir f  more see MIlquham v tailor Ch where the condition of a bind consist of two  part in the disjunctive and both be possible at the time of the bind make and  afterward one of they become impossible by the act of God the obligor be not  bind to perform the other part SC cro Elizabeth more pop sir wm Jones roll Rep  salk Thomas Eaton esquire and Roger monox gentle bring a action of debt on a  bind of hear date September Elizabeth against Thomas laughter the defendant  demand oyer of the bind and condition and it appear by the bind that Richard  Ramsford be also bind in the say bind with the defendant joint and several and  the condition be in effect that if the within bind Richard Ramsford after  lawful marriage have between he and jane Gilman wife of Henry Gilman decease  and together with the say jane do and shall lawful sell and alien in feesimple  or feetail all the great message with the little tenement thereunto adjoin of  the say jane situate in London now in the occupation of William fitzw esquire  if then the say Richard Ramsford do or shall either in his lifetime purchase  to the say jane and her heir and assign coke a land tenement and hereditament  of a good right and of as good value as the money by he receive or have by or  upon his sale or alienation of the premise shall amount unto or else do or  shall leave unto her the say jane as executrix or by legacy or other good  assurance or conveyance as much money as shall be by he receive upon such c  and plead that the say Richard Ramsford marry the say jane I December year and  that the say jane die August and the say Richard Ramsford survive her the  plaintiff show by way of replication that the say Ramsford and jane pasch  Elizabeth for levy fine of the premise to John Thompson and William Kerwen and  to the heir of John Thompson and that the say Ramsford do not purchase land  tenement or hereditament of the value of to the say jane and her heir nor to  leave behind prd jane post departure ipsims Richard ut executor e and on this  plea the defendant counsel do demurrer in law and on great deliberation  judgement be give by Popham chief justice and the whole court against the  plaintiff and the reason and cause of the judgement be that where a condition  of a bind consist of two part in the roll e a   b Mod Rep Cr Elizabeth   Poph  Benl pl Golsh more   light a Lutw Mod a disjunctive and both be possible at  the time of the bind coke report b er p make and afterward one of they become  impossible by the act of God the obligor be not bind to perform the other part  for the condition be make for the benefit of the obligor and shall be take  beneficial for he and he have election to perform the one or the other for the  save of the penalty of his bind and when one part be become impossible by the  act of God it be as beneficial for he as if that part of the disjunctive which  be become impossible have be only the condition of the bind and so when one  become Jones palm dyer pi   light a b Cr Elizabeth Yelv Brownl roll b  impossible by the act of God which by no industry he can perform his bind be  save although he do not perform the other because   light a   a Hardres    light a Plowd a   a   b a   b   a   b c powerless excuse law and in this case  at bar forasmuch as jane die before the say Ramsford so that he can not leave  to the say jane either as executrix or by legacy or other assurance so much  money as shall be receive by he c and so this part of the disjunctive become  impossible by the act of God vide h Fitzherbert bar d Henry bar h a e Henry  Elizabeth dyer dyer pl Cr Elizabeth more palm f between Arundel and comb and  the case in postea a roll Br condition bridge Edward b g e b be not like this  case for there at the time of the bind make and at the time when the condition  be to be perform one part of the disjunctive be not possible to be perform for  there the heir of his body be not in law naturan Acc Com dig you touch  Graningham v ewe cro Elizabeth Hasket v Hasket Mod SC Mod Warner v white Jones  the report of laughter case by croak agree with Lord coke in Studholmes v  Maudell Lord raym the court say that the rule and reason of laughter case  ought not to be take so large as coke have report it but accord to the nature  of the case and Treby CJ put this case a in consideration of bind himself in a  bind with condition either to make a lease for the life of the obligee before  such a day or to pay he the obligee die before the day yet in the time when  saint John be CJ of c b it be adjudge that the obligor shall pay the and saint  John then declare that he know well some of the judge who give the resolution  in laughter case and that they deny that they lie down such a rule as coke  have report yet the whole court hold that the principal case of laughter be  law Vid S C somewhat different report Lutw fol the reporter observe that the  case put by Treby seem to be indistinguishable in reason from laughter case so  also in Drummond v the duke of Bolton sayer the court say that the doctrine in  laughter case which do not appear to be lie down by the court but to be the  reason give by the reporter for the judgement of the court be lie down too  large and in dam Costa v Davis Bos pull it seem to have be take for grant that  the impossibility of perform one condition be no excuse for not perform the  other and Vid the dictum of Walmsley more v Morecomb cro Elizabeth SC Moore  which seem contra to laughter case and note in the case of a award where one  of two matter be award in the disjunctive and one alternative be impossible or  uncertain that alternative must be take which can be perform simmonds v swain  taunt a coke report b er p