allen plaintiff against Wedgewood defendant Ro Rep Ro Abr l bridge Rep in a  action of covenant for not perform of certain article agree between they  accord to the covenant one article be that the defendant do covenant to make a  lease to the plaintiff or to his assign for three life as he shall name he  nominate himself and two other the defendant refuse to make the lease  whereupon the action bring George croak for the defendant demurrer in law upon  the replication because that no sufficient breach be assign by the plaintiff  the lease to be make to he for three life which he shall nominate so that he  himself ought to be one of the lessee and to have the sole interest coke chief  justice to he or to his assign the lease to be make these to be such as he  shall name the point here be whether he have here a election to make the lease  to he or to his assign it have be otherwise clear if it have be to be make to  he and to his assign but here he have a election to he give to who he will  make this lease as if you be to make a lease to I or three which I shall name  they be in doubt whether there be a lease then in be or not therefore for this  there be a article that if there be a lease in be then at the end of this he  be to make the lease to he or to his assign for three life and if no lease be  then in be then by another article he be to make this lease at the time prefix  it be urge that this lease ought to have be make to Edward Allen and such  three life as he shall nominate for that ex to go before consequence a deed  ought to be construe and to this purpose be e Fitzherbert title debt plea if  one be bind to grant a rend he ought to grant this before Michaelmas day if a  man be bind to make a lease before the Feast of the annunciation to such a one  as the obligee shall name he ought to name before our ladyday also he be to  nominate three person he ought to nominate they and to say that they be upon  the land ready to receive the lease be a lease for three life as it be urge it  be also urge that he be to make such a lease as by council be to be advice  this ought to be by the council of he who be to have the lease this appear not  to be do nor any good nomination make and so the replication not good it be  urge for the plaintiff that here he do nominate himself and two other for the  lease to be make to they the defendant refuse to make this lease and for this  breach the action bring as to the exception take to the replication S that the  request be not lie to be in time this be make pursue the article of agreement  and so make in due time Bulstrode second exception that the assignee ought to  be upon the land to take the lease this be not to be so the request be to be  where the defendant be no place nor time be appoint and so it be here he bring  the assignee with he when he Bulstrode er p make the request he ought then  present to have make the lease his act be the next he ought to have go to the  land and if they come not to take the lease of he then he have be excuse but  if he go not to the land this shall be a breach to this purpose be e fol a man  be bind that a stranger shall feoff the obligee before such a day he show that  the stranger be upon the land ready to make the feoff and the obligee come not  to take it so that he which be to make the feoff at his peril ought to attend  there to make it because he be to make the estate so here the defendant upon  request make unto he ought to go to the land to be there ready to make this  lease coke chief justice the time of the entry and the word here be material  if no lease in possession then to enter by the article at the Feast of the  annunciation of our lady which shall be year this be the point the covenant be  to make to you or to your assign a lease c and to enter at our ladyday next  ensue and this be to be do upon request it be to be to you or to such as you  shall name and money to be pay for rend and l to be pay at the entry for a  fine or income this be to be do by the lessee to the lessor and this be as  much as that the lease shall be make before this feast and that you shall name  the person to take before this time but here you let the ladyday pass and two  month after you nominate the person and request the defendant to make the  lease the which he refuse whereupon this action be bring here the plaintiff  who ought to have the lease have not do well if the other shall make a lease  after the time pass this will be prejudicial to he for he ought to have l give  unto he at our ladyday be the time prefix for his entry as touch Cromwel and  Androse case I hear that argue in the c b be then a reporter there if one be  bind to grant to another a advowson he have time to de it during his life if  the other de not hasten it by request but if it fall void then he ought to  grant it present for it be now a fruit fall and if it shall be otherwise it  shall be prejudicial to the other party and so if one be bind to grant a rend  to another he ought to de this before the rentday come in this principal case  here you be confine to nominate before the Feast of our ladyday as to the  other point S the lease to be make to he or to his assign or to pay to one or  to his assign the law will never hunt for a assignee in law where there be a  assignee in fait a man do covenant to make a lease to you or to such as you  shall name you nominate such to go to the land and afterward in time  convenient to make the lease if one do covenant to make a feoff in fee to  another this be to be do upon notice here the lease be to be make upon the  nomination of the party to take where a time be set down for the entry as in  this case the nomination ought to be before this time and the lease to be make  also before the time as to the other point move they come too late this matter  be very strong against the plaintiff croak justice this be a very strong case  against the plaintiff when be this l income to be pay at our Ladydav when the  entry be to be by virtue of the lease this lease be to be make before so that  the plaintiff request to have the Bulstrode lease make after the time pass  this request come too late as to the other matter S the lease to be make to he  or to his assignee the lease be to be make by covenant he may name all at the  first that be to take for that in vain sit per more quod become to be able per  pauciora the intention here be that Edward Allen be to take original here the  request to have the lease make come too late and so no breach of the covenant  by the defendant dodderidge justice at the first it be indifferent to he  whether the lease be make by he for the life of three or to such three as he  shall name it may be to himself and to two other or to three other which he  shall name as to the other matter he agrreed in opinion for that if he shall  make the lease after the time pass he shall by this lose his l absolute no  entry be at our ladyday if the lease have be make afterward he can by no mean  have his l Bulstrode er p and therefore he be not bind then upon this request  after the time to make the lease the plaintiff ought to have have the lease  draw in time and to have tender the same unto he which be not do in this case  and the refusal here by the defendant to make this lease upon the plaintiff  request after the time be no breach of covenant and so the plaintiff have no  cause of action coke the lease be to be make as it shall be advice by the  counsel of not devise but to be as effectual as may be advice by council and  this to be to Edward Allen and his assign he be to enter at our ladyday and  then to pay the l the day pass no request make for the lease till after the  defendant then not bind by his covenant to make it for then he have no remedy  for his l and so this refusal come upon a request after the time pass be no  breach of covenant and so the plaintiff have no cause of action judgment duty  be ut res ita time a thing c the whole court incline to be of opinion against  the plaintiff and so for this time it rest upon a curian advisare vult  afterward this case be move again coke the plaintiff here allege that the  defendant have not make the lease in June accord to his request if no good  breach assign no cause of action when he shall enter to pay the l that be when  he be to enter by their mutual agreement and if the plaintiff will not come  and request he in due time to make the lease accord to their agreement he may  well provide himself of another tenant the plaintiff ought to have come upon  the land and there to have be ready to receive this lease and so to enter and  here the defendant be not bind to make the lease by his covenant until the  plaintiff de nominate to who the same shall be make and this nomination and  lease accord make ought to be before our ladyday be the time certain prefix  for the do of it Haughton this lease ought to be for three life and to be make  at our ladyday and if the plaintiff de surcease this time and demand of the  defendant after this feast to make this lease he be not bind by his covenant  to de it and his refusal then to make be no breach of covenant to give the  plaintiff cause of action the court then say unto Bridgman who be for the  plaintiff that the plaintiff may discontinue this action and that this will be  his best way curian we will be of this matter better advice and by the rule of  the court the matter to rest as it be and advice the plaintiff and defendant  to make a end between themselves before the next term the court be all clear  of opinion against the plaintiff and in default of a end the rule of the court  to be quod to express grief nil to take in hand per billam