 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
 | Theophilus Parsons - 1866 - 830 Seiten
...given the five following rules, collected with great care and accuracy from the decided cases. 1 . " If a day be appointed for payment of money, or part of it, or for doing any other net, and the day is to happen, or may happen before the thing which is the consideration of tho money,... | |
 | Ohio. Superior Court (Cincinnati), William Disney - 1867 - 644 Seiten
...expressed by Sergeant Williams in his note to the case 1 Saunders, 320, note 4, Pordage v. Cole : " If a day be appointed for payment of money, or part...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... | |
 | New York (State). Court of Appeals, Joel Tiffany - 1868 - 1050 Seiten
...be averred in the declaration, and when not, it may not be improper to lay down a few rules : " 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 (\\eperformance... | |
 | Francis Hilliard - 1868 - 670 Seiten
...technical words should give way to such intention. The following rules are to determine the question: 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 a... | |
 | Judah Philip Benjamin - 1868 - 748 Seiten
...rules for discovering the intention are mainly these :— 1. Where a day is appointed for doing any act, and the day is to happen or may happen before the promise by the other party is to be performed, the latter may bring action before performance, which... | |
 | Great Britain. Courts - 1869 - 598 Seiten
...down by Mr. Serjt. Williams, in the note to Pordage v. Cole, 1 Wms. Saunders, 320 b, viz., that, " if a day be appointed for payment of money, or part of it, or for doing any other act, and the day i» to happen, or may happen, before the thing which is the consideration of the money, or other act,... | |
 | Joseph Henry Dart - 1871 - 788 Seiten
...mutual stipulations were, to a certain extent, mdeindq'cmkmt. pendent ; it being a general rule, that 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 on his remedy, and did not intend to make the performance a... | |
 | John Williams, Sir Edmund Saunders - 1871 - 756 Seiten
...may not be improper to lay down a few rules, which will perhaps be found useful for that purpose. 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 iipon hi.s remedy, and did not intend to make the performance... | |
 | Ohio. Supreme Court - 1872 - 580 Seiten
...the first rule, 1 Saund. 320, n. 4, and page 4 of the note, seems to be applicable. The rule is, " if a day be appointed for payment of money, or part...money, or other act, is to be performed, an action may bo brought for the money, or lor not doini^ such act, before performance ; for it appears that the... | |
 | Archibald Brown - 1874 - 510 Seiten
...for deciding whether in any given ease a covenant is dependent or independent : — (1.) If a day bo appointed for payment of money, or part of it, or for doing any other act, and the day is to (or may) happen before the thing which is the consideration for the money or other act is to be performed,... | |
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