case Blackwell against nash Michaelmas term Geo roll if a covenant to transfer  stock on or before such a day and b covenant to pay a certain sum of money to  a for the stock on or before the say day the transfer of the stock be not a  condition precedent and therefore a declaration in covenant by a for  nonpayment of the money state that he be ready to transfer on the day but that  the defendant refuse to accept it be good S c stram the plaintiff covenant by  indenture to transfer c south sea stock to the defendant on or before the  twentyfirst day of September and the defendant covenant to pay the plaintiff  eight thousand five hundred pound on or before the say day and enter into a  bind in the penalty of sixteen thousand pound condition for the performance of  the say covenant in a action of debt bring on the say indenture the breach  assign be for nonpayment of the eight thousand five hundred pound and the  plaintiff in his declaration set forth all this matter and that pro et in  consideration prmissorum the defendant covenant to pay the money then he set  forth that he the plaintiff be ready at the time and place agree on to  transfer the stock modern report and that then and there to bring before see  to transfer it and aver that the defendant adtunc et ibidem object to take the  defendant demurrer to the declaration the question be whether these be mutual  covenant or only a condition precedent for if they be mutual covenant then the  action be well bring but otherwise if it be a condition precedent because then  the performance of that condition must be set forth this case be speak to in  Michaelmas term in the eight year of George the first it be object that the  tender be not sufficient for it ought to be make the last instant of the day  for until then the defendant be not oblige to accept the stock wherefore the  plaintiff ought to have specify the hour when the tender be make that so it  may appear to be the last instant when a transfer can be make see mordant v  small post bullock v Noke stram duke of Rutland v Hodgson stram Thornton v  Moulton stram Bowlen v bridge stram clark v Tyson stram Lancashire v  Killingworth comy Rep ld ray Mod Sayers Rep goodison v nun term Rep a Wearg  contra this be a personal tender need not be make the last instant of the day  but if make any part of the day be good and differ from a tender make in the  absence of the party which must be the last instant of the day because the  party have until then to accept it and the court seem of the same opinion say  adjournatur this term the plaintiff have judgement without argument and upon a  writ of error see S c in stram the three edition b afterward bring in the  exchequer Chamber that judgement be affirm modern report er p