case well against ferguson if the condition of a bind be repugnant the bind be  single S c post S c salk debt for fifteen pound bring by Alexander Ferguson  against John well on a bind date the twentysixth of October upon oyer of the  condition it be set forth whereas John well the son of the say Thomas well the  plaintiff do put himself apprentice to the say Alexander Ferguson for seven  year and whereas the say John well be desirous to be acquit of the say  apprenticeship and to have his say indenture deliver up and whereas the say  Thomas well and Alexander Ferguson be agree that for and in consideration of  the delivery up of the say indenture and acquit the say John well of his  apprenticeship he the say Thomas well have pay unto the say Alexander Ferguson  two guinea in gold and have agree to pay off or otherwise indemnify the say  Alexander Ferguson of and from the payment of a certain note give by the say  Alexander Ferguson to one Charles London the former master of the say John  well for modern report payment of four pound to Charles London c now the  condition of this obligation be such that if the say Thomas well his executor  and administrator shall and do before any suit or action bring c by Charles  London his executor and administrator c on or by reason of the say note  against the say Alexander Ferguson his executor c cause or procure the say  note to be deliver up to the say Alexander Ferguson his executor administrator  c to be cancel or otherwise that the say Alexander Ferguson be sue and compel  to pay the say sum of four pound to the say Charles London his executor c and  that he the say Thomas well his executor c do not then immediate repay such  sum of four pound to Alexander Ferguson his executor c with all cost charge  and satisfaction of all damage sustain by reason thereof or the prosecution  thereupon he or they have notice leave of such prosecution then the obligation  to be void and of none effect or else to stand remain and be in full force and  virtue after verdict it be move in arrest of judgement and Mr Raymond for the  defendant say the plaintiff have no cause of action for the condition be in  the disjunctive the defendant may perform which part he will and here he have  perform the latter part videlicet he have not repay the money and the  condition of a obligation shall not be construe contrary to the express word  though the party intend otherwise and to maintain this he cite Colethurst v  Bedjussin a Plowd a needler v guest b Allen S c style b and the case of  Ingledew v crisp c ld ray S c Mod c which be debt on a bind penal recite that  the plaintiff have agree to sell the defendant so many stack of wood and the  defendant covenant to pay for every hundred stack thirtyfive pound a action be  bring for three hundred and ten pound for so many one hundred and fifty stack  and on demurrer judgement be give for the plaintiff because the agreement be  for every hundred and not say secundum raft he can not recover and the case of  Vernon v Alsop d lev S c keb d which be debt on a bind preserve modern report  er p tioned to pay seven pound by two shilling a week until the seven pound be  pay and if be fail of payment of the two shilling at any of the day it ought  to be pay the obligation to be void and it be adjudge bat the condition shall  be take distributive e that be continue the book by refer particular to  particular videlicet that if he pay the seven pound the obligation shall be  void but if he fail of pay the two shilling at any of the day it shall be in  full force for that the obligation shall not be of no effect if by any mean it  may be make good see also S c side that it be adjudge that the obligation be  single and the condition repugnant and void S c ray adjudge for the plaintiff  because the condition be senseless and then the obligation be in full force  and single e modern report but for a case in point he cite the yearbook of  Henry the six f yearbook Henry pl f where be Littleton opinion that if a man  bind himself in a obligation of one hundred pound where the condition be that  if the defendant do not pay the obligee ten pound that the obligation shall be  void this shall avoid the obligation though the intent be otherwise because  the word of the condition must be observe Mr William for the plaintiff say  that if the condition be not that he shall pay off that which the bind be give  to secure the condition be inconsistent beside it be recite in the condition  of the bind that it be agree the defendant shall pay off the note or indemnify  therefore it be plain it be a repugnant condition and the rule be that when  the condition be repugnant and insensible the obligation be single to prove  which he cite Maleverer v Hawksly a sand S c Mod S c vent a and the case of  Vernon v Alsop b lev S c side S c ray b holt chief justice the condition be  that if be deliver up the note before it be put in suit or if it be put in  suit and the plaintiff force to pay and then if he do not repay the money the  obligation to be void c this a contradiction and repugnancy Powell justice the  case in the yearbook be as Mr Raymond have put it but that differ much from  this for there be no repugnancy but here the recital in the former part of the  condition be repugnant to the latter part upon this argument it be adjourn  with a curian advisare vult until another day in this term and then the court  give judgement for the plaintiff c see Trott v spurling more well v wright Mod  Holmes v ivy show c and holt chief justice say the condition be repugnant and  no difference between this and the case of Vernon v Alsop d lev side d and he  say the case in the yearbook of Henry the six e Henry pl and note this case be  doubt by sir Francis north in the case of well v wright Mod e be not law