Brisco versus king Trin James the plaintiff bring a action of debt upon a bind  for three hundred pound with a condition that the defendant shall perform all  covenant clause payment and agreement contain in one deed poll of the same  date make by the defendant to the plaintiff the defendant by way of plea set  forth the deed poll in haec word in which deed be contain one grant and  bargain and sale of certain land make by the plaintiff to the defendant for  one hundred pound pay and two hundred pound to be pay in which deed there be  one proviso that if the defendant shall not pay for the plaintiff to one I S  forty pound to I d forty pound c at such a day that then the bargain and sale  shall be void and the defendant plead that he have perform all the covenant c  comprise in the deed the plaintiff assign a breach for the not pay of forty  pound at the day accord to the proviso and the defendant demurrer and adjudge  for the defendant by the whole court for the condition bind the defendant to  perform other payment than such as the defendant be bind by the deed to  perform for the obligation be make but for the strengthen of the deed and the  deed require not any compulsory payment to be make but leaves it to the will  of the defendant or to make the payment specify in the proviso or in default  thereof to forfeit the land to the plaintiff and therefore it appear that it  be not the intent and meaning of the party to make a obligation with a  condition repugnant to it and contrary to the Brownlow goldsborough er p deed  poll of bargain of sale and by this mean the payment of forty pound to I S  which be make voluntary by the deed poll shall be make compulsory by the  obligation but the word payment in the condition of the obligation shall have  relation only to such payment contain in the deed poll which be compulsory to  the defendant and not otherwise and because the neglect of the payment of  forty pound to I S assign for the breach be deny to be voluntary for the  defendant to pay or riot to which the condition of the obligation can in any  reasonable construction extend therefore it be adjudge against the plaintiff  Brownlow goldsborough judgement arrest for not show in what court the deed be  roll