 | Joseph Chitty - 1809 - عدد الصفحات: 550
...before the thing which was the consideration of the defendant's contract was to !>e performed, an aciion may be brought for the money or for not doing such other act before performance by the plaintiff ; for it appears that the defendant relied upon hi* remedy and did not intend to make... | |
 | New Jersey. Supreme Court - 1816 - عدد الصفحات: 540
...made, ventures to deduce certain general rules which it may be important to give in his own words. 1st If a day be appointed for payment of money, or part...the thing which is the consideration of the money, cr the other act is to be performed; an action may be brought for the money, or for not doing such... | |
 | Joseph Chitty - 1819 - عدد الصفحات: 544
...and such day to happen before the thing which was the consideration of the def of ant's contract was to be performed, an action may be brought for the...or for not doing such other act before performance by ihe plaintiff;94 for it appears that the defendant relied upon his remedy and did not intend to... | |
 | Samuel Comyn - 1824 - عدد الصفحات: 680
...that in order to discover that intention, a few rules will be found useful for that purpose; and 1st, if a day be appointed for payment of money, or part...performance ; for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent. And so it is where... | |
 | Peyton Randolph, Virginia. Supreme Court of Appeals - 1827 - عدد الصفحات: 776
...Thorp v. Thorp, \ Salk. 171, when the money is to be paid at an appointed time, and the day of payment is to happen, or may happen, before the thing which is the consideration of the payment of the money is to be performed, the performance of the thing is not a condition precedent... | |
 | Alabama. Supreme Court - 1881 - عدد الصفحات: 784
...these, laid down by Sergeant Williams in his note to Pordagev. C'ofe(l "Win. Sauud. 481 1, is, that "if a day be appointed for payment of money, or part...performance ; for it appears that the party relied upon his remedy, and did not intend to make the performance, a condition precedent ; and so it is where... | |
 | Alabama. Supreme Court, George Noble Stewart - 1835 - عدد الصفحات: 526
...intention." There, the following rules are recognised: 1st. if a day he appointed for payment of money, or a part of it, or for doing any other act, and the day...the thing which is the consideration of the money, is to be performed; an action may he brought for the money, or for not doing such other act, before... | |
 | Maryland. Court of Appeals, Richard W. Gill, Richard Wordsworth Gill, John Johnson - 1830 - عدد الصفحات: 562
...quoted from this note on the other side. The first rule proposed by Sergeant Williams, is this — 1. If a day be appointed for payment of money, or part...happen before the thing which is the consideration, is to be performed, the covenants are independent, and an action may be brought for the money, &c.... | |
 | John Simcoe Saunders - 1831 - عدد الصفحات: 598
...Chit. Pl. 277, 280 ; Tidd, 440, 5 ; Selw. NP 107 ; Lawes, Pl. c. 5, 6. 1. If a day be appointed for the payment of money, or part of it, or for doing any...performance ; for it appears that the party relied upon his remedy, and did not intend to make the performance a, condition precedent. And so it is where... | |
 | Matthew Bacon - 1832 - عدد الصفحات: 844
...Cook v. Jennings, 7 Term R. 381. Ferry v. Williams, 1 Moo. 498. 1 Saund. 320. note. Dyer 76. a. in 2d. If a day be appointed for payment of money, or part of marg. Thorpe it, O r for doing any other net, and the day is to happen or may v. Thorpe, happen before... | |
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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, is to be performed ; an action may be brought for the... 
