 | Great Britain. Court of Common Pleas - 1850 - 594 Seiten
...laid 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...performance ; for, it appears that the party relied on his remedy, and did not intend to make the performance a consideration precedent." If this rule... | |
 | Joseph Henry Dart - 1851 - 1234 Seiten
...that the mutual stipulations were, to a certain extent, independent; it being a general rule, that if a day be appointed for payment of money, or part...or other act, is to be performed, an action may be (c) Lovelock v. Franklyn, 8 GL. BR 371; Knight v. Crockford, I Esp. 190. (rf) See Caines v. Smith,... | |
 | Joseph Chitty - 1851 - 900 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 (2) ; for it appears that the defendant relied upon the mere ayreement to do the act,... | |
 | Edmund Hatch Bennett, Chauncey Smith - 1852 - 690 Seiten
...note 4 to Pordage v. Cole, 1 Wms. Saund. 320 a — "If a day be appointed for the payment of money, or for doing any other act, and the day is to happen,...or for not doing such other act, before performance ; and so it is where no time infixed for performance of that which is the consideration of the money... | |
 | Conway Robinson - 1855 - 884 Seiten
...day appointed for paying money or doing any act is before consideration for it is to be performed. If a day be appointed for payment of money or part...performance ; for it appears that the party relied on his remedy and did not intend to make the performance a condition precedent. Thorpe v. Thorpe, 1... | |
 | William Wetmore Story - 1856 - 848 Seiten
...Sergeant Williams, who, after a full examination of the authorities, lays down the following rules: "1st. If a day be appointed for payment of money, or part...or for not doing such other act before performance; 1 Havelock v. Geddes, 10 East, R. 564; Groundsell r. Lamb, 1 Mees. & Welsh. R. 352; Baillie r. Kell,... | |
 | Georgia. Supreme Court - 1856 - 736 Seiten
...appointed for the payment of money or part of it, or doing any other act, and the day is to happen after the thing which is the consideration of the money, or other act, is to be performed, no action can be maintained' for the money or other act before the performance, for in these cases... | |
 | Nathan Howard (Jr.) - 1859 - 616 Seiten
...WILLIAMS, in Pordage agt. Cole, (1 Saund. 320 a,) that " if a day be appointed for the payment of money, and the day is to happen, or may happen, before the thing which is the consideration of the money, an action may be brought for the money, before performance," &c. It was not necessary for the plaintiff,... | |
 | Georgia. Supreme Court - 1862 - 1096 Seiten
...cases of mutual covenants that are independent, are of two kinds: one I have named, and the other is, if a day be appointed for payment of money, or part of it, or for doing any other act or thing, and the day is to happen, or may happen before the thing which is the consideration of the... | |
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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... 
