case eaton and monox against laughter Trinity term Elizabeth roll if a  condition he in the disjunctive give a liberty to do one thing or another at  the election of the party and the one part hecomes impossible the condition be  void more Poph   Lutwyche post Mod   light a pop roll ab Jones Mod salk peer  will peer will light sect say vide more ld raym sayer wood con debt upon a  obligation of condition that if one Rainsford alien his wife land if then  during her life he purchase other land of as good title and annual value to  his wife and her heir or do or shall leave her by his last will so much in  value by make her big executrix or in a legacy that then c the defendant plead  that the feme be dead and that Rainsford be yet alive the plaintiff by  replication for breach show the time of the death of the feme and that the say  Rainsford neither in her life nor since her death have purchase land of such a  value and it be thereupon demurrer Atkinson and coke argue for the defendant  that the obligation be not break for it be in the disjunctive that he shall  leave so much to his wife by his will or purchase land c and the first be  hecome impossible to do by the act of God therefore he be discharge of both  and in proof thereof they rely upon Henry pl Edward pl Henry action upon the  case pound Elizabeth the other part be also impossible to perform accord to  the condition videlicet to purchase land to the wife and her heir the wife be  dead and the purchase need not to he thade to the heir for the heir be not  name but to take by way of limitation and not otherwise as in bret and Rigdens  case and if it ought to be make to the heir yet the obligation be not forfeit  for Rainsford be yet alive and have time during big life to perform it Hutton  and Tanfield contra although croak Elizabeth the defendant have a disjunctive  condition he ought to perform the one or the other at his peril and so be  Edward pl and although the husband have time during all his life to perform it  yet it ought to be do during his wife life for otherwise the obligation be  forfeit as to feoff to reinfeoff the feoff he at his peril ought to do it  during the life of the feoff for that the time be incertain he ought to  perform it but if there have be a certain time to do the one thing or the  other and it be hecome impossible by a subsequent act that the one of they  shall he perform before the day he be discharge of both and Hutton cite glen  case mich pound Elizabeth rot to he adjudge in the common plea where a promise  to b that if c do not appear at Westminster such a day that he will pay unto  he twenty pound and plead that c die before the day and rule to he no plea f  or he ought yet to have pay the twenty pound so Elizabeth n I Rhodes Rep  fiarhers case in c b that where one be oblige that a shall appear the first  day of the ensue term in the starchamber or otherwise he will pay twenty pound  a die before the day so as by the act of God he can not appear yet it be rule  that the twenty pound shall he pay or otherwise the obligation shall he  forfeit and make water pound Elizabeth in c b this case be betwixt trop and  Hedingfield a be oblige croak Elizabeth er p in one hundred pound upon  condition that he shall stand to the award of I S if he make any before the  Feast of m or otherwise at the say Feast of m to he at such a place so as he  may he arrest at the suit of the obligee or else to pay twenty pound at the  say Feast of m No arbitrament be make before m a die and the twenty pound be  not pay at m it be adjudge that the obligation be f orfeited Popbam it can he  so as you put the case but if it be that he shall appear or that he shall  appear there or otherwise that he shall pay twenty pound and he die before the  day yet the twenty pound ought to be pay for there be not any disjunctive  condition that he shall do one of the two thing at any time before but until  Michaelmas he be oblige only to appear and if he appear not then come the  second condition to have his essence videlicet to pay the twenty pound so it  be do to he pay but upon the nonperformance of the other and afterward in the  principal case all the justice resolve that the obligation be not forfeit for  by the express word of the condition it be limit to Rainsford to perform it at  any time during his life and the impossibility thereof come b the act of God  which that shall not turn the obligor to any prejudice so as now be prevent of  part of the time he be discontent barged from perform it but when the law  appointss man time to do a thing during his life he ought at his peril to see  it be perform otherwise the obligation be forfeit and when a man have election  to do one thing or another before a certain time and by the act of God it be  hecome impossible that he shall perform the one the law shall privilege he for  the other that he shall not forfeit any obligation by the nonperformance  thereof and so Fenner say it be adjudge in Edward in Hendlows report and they  all except gawdy hold that the obligation be for ever discharge but Gaway  conceive that the obligation be not yet croak Elizabeth forfeit but that he  ought during his life to purchase land to the heir of his wife otherwise the  obligation shall he forfeit but the other justice be against he in that point  wherefore it be adjudge for the defendant   b