 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 - Page 551by William Wetmore Story - 1856Full view - About this book
 | Joseph Chitty - Parties to actions - 1809 - 550 pages
...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 - Law reports, digests, etc - 1816 - 540 pages
...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...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 - Forms (Law) - 1819 - 544 pages
...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 - Contracts - 1824 - 680 pages
..." 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...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... | |
 | Peyton Randolph, Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1827 - 776 pages
...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 - Law reports, digests, etc - 1881 - 784 pages
...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...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,... | |
 | Alabama. Supreme Court, George Noble Stewart - Law reports, digests, etc - 1835 - 526 pages
...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 - Law reports, digests, etc - 1830 - 562 pages
...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 - Civil procedure - 1831 - 598 pages
...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...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... | |
 | Matthew Bacon - Law - 1832 - 844 pages
...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... | |
| |
