 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
 | Isaac Grant Thompson - 1876 - 842 Seiten
...performance is necessary to be averred, one is, that if a day be appointed for the payment of money or the doing any other act, and the day is to happen or may...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 performance,... | |
 | Joseph Chitty, Henry Greening - 1876 - 1174 Seiten
...such day was to happen before the thing which was the consideration of the defendant's contract was to be performed, an action may be brought for the...or for not doing such other act, before performance by the plaintiff ; (c1) for it appears that the defendant relied upon the mere agreement to do the... | |
 | Nevada. Supreme Court - 1879 - 592 Seiten
...performance." So says, also, Sergeant "Williams in Pordage v. Cole, 1 "Wins. Saunds. 319, i, and adds: "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... | |
 | Benjamin Vaughan Abbott - 1879 - 1054 Seiten
...following are the rules for deciding whether in any given case a covenant is dependent or independent : 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,... | |
 | James Thomas Foard - 1880 - 678 Seiten
...without averring tender or payment of the £20, These general rules have been expressed as follows : — "If a day be appointed for payment of money, or part of it, or fordoing any other act, and the day is to happen, or may happen, before the thing which is the consideration... | |
 | Archibald Brown - 1880 - 648 Seiten
...deciding whether in any given case a covenant is d< pendent or independent: — (1.) If a duy be appoiutid for payment of money, or part of it, or for doing any other net, and the day is to (or may) happen before the thing which is the consideration for the money or... | |
 | Judah Philip Benjamin - 1881 - 1076 Seiten
...whether covenants comson v. Morton, 11 Ir. LK 230; King § 562. 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 construcuci 1 • 1 • ji- tionfordisaction... | |
 | Ontario. High Court of Justice - 1883 - 750 Seiten
...in this action, is within the first rule in Pordage v. Cole, 1 Saund. R. 319, 320, namely : that " 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... | |
 | Ontario. High Court of Justice - 1883 - 752 Seiten
...the action was well brought without an averment of the conveyance of the land. It is said at p. 320 " If a day be appointed for payment of money, or part...to be performed, an action may be brought for the mouey or for not doing such other act before performance, for it appears that the party relied upon... | |
 | John Innes Clark Hare - 1887 - 728 Seiten
...by Sergeant Williams to rules which, with some modifications, are still followed by the courts.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 performanee... | |
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