 If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed ; an action may be brought for the...  A Treatise on the Law of Contracts - Seite 551von William Wetmore Story - 1856Vollansicht - Über dieses Buch
 | Pennsylvania. Supreme Court, Frederick Watts - 1841 - 536 Seiten
...would seem to rule the second question in this case in favour of the plaintiff below. The rule is, if a day be appointed for payment of money, or part...which is the consideration of the money or other act to be performed, an action may be brought for the money, or for not doing such other act before peformance;... | |
 | Indiana. Supreme Court, Isaac Newton Blackford - 1836 - 550 Seiten
...parties, when the instrument in its terms is vague and obscure.— 1. If a day be appointed for the payment of money or part of it, or for doing any other...or for not doing such other act before performance; for it appears that the party relied upon his remedy, and did not intend to make the performance a... | |
 | Joseph Chitty, Thomas Chitty - 1837 - 860 Seiten
...the thing which was the consideration of the defendant's »contract was to be performed, an [ *365 J action may be brought for the money, or for not doing such other act, before performance by the plaintiff (037) ; for it appears that the defendant relied upon the mere agreement to do the... | |
 | John Frederick Archbold - 1838 - 682 Seiten
...performance on the part of the plaintiff need not be averred. And first, if a day be appointed for the payment of money, or part of it, or for doing any other act, and the day must and may happen before the thing which is the consideration of the money or other act, is to be... | |
 | Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - 1839 - 1086 Seiten
...time. In note (4) to Pordage v. Cole, 1 H'nu. Saund. 320 a, Mr. Serjt. Williams lays it down that, " If a day be appointed for payment of money, or part of it, or for doing any other act, and the day .'• to happen, or may happen, before the thing which is the consideration of the money, or other... | |
 | Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - 1839 - 1088 Seiten
...(4) to Pordage v. Cole, 1 Wmt. Saund. 320 «, Mr. Serjt Williams lays it down tliat, " If a day Le appointed for payment of money, or part of it, or for doing any other act, aod the day it to happen, or matt happen, before the thing which is the consideration of the money,... | |
 | John William Smith - 1840 - 530 Seiten
...intention, the following rules are laid down by Serjeant Williams, 1 Wins. S, uind. 319 b, in nolis. I. " If a day be appointed for payment of money, or part...or for not doing such other act, before performance ; for it appears that the party relied upon his remedy, and did not intend to make the performance... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1841 - 692 Seiten
...technical words should give way to such intention." The following rules are then enunciated: — 1. "If a day be appointed for payment of money or part...or for not doing such other act, before performance ; for it appears that the party relied upon his remedy, and did not intend to make the performance... | |
 | John William Smith - 1842 - 612 Seiten
...intention, the following rules are laid down by Serjeant Williams, 1 Wms. Saund. 319 b, in notis. 1. " If a day be appointed for payment of money, or part...or for not doing such other act, before performance ; for it appears that the party relied upon his remedy, and did not intend to make the performance... | |
 | Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - 1843 - 842 Seiten
...before any conveyance by him of the land. In the notes to that case (rf) the rule is laid down thus: " If a day be appointed for payment of money or part of it, or for doing any other act, and the day it to happen, or may happen before the thing which is the consideration of the money or other act is... | |
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