 | John William Smith - Contracts - 1847 - 438 pages
...as the period within which it should be delivered. PARKE B. thus stated the law : " A party who is, by contract, to pay money, or to do a thing transitory to another any where on a certain day, has the whole of the day, and if on one of several days, the whole of the... | |
 | John William Smith - Contracts - 1853 - 488 pages
...the period within which it should be delivered. Parke, B., thus stated the law : " A party who is, by contract, to pay money or to do a thing transitory...expired, no action will lie against him for the breach of the contract. In such a case the party bound must find the other at his peril (Kidwelly v. Brand, Plowd.... | |
 | William Wetmore Story - Contracts - 1856 - 848 pages
...time and place of performance was recently thus elearly laid down by Baron Parke: 5 " A party who is, by contract, to pay money or to do a thing transitory...expired, no action will lie against him for the breach of the contract. In such a case the party bound must find the other at his peril, 6 and within the time... | |
 | Leone Levi - Commercial law - 1863 - 570 pages
...contract. Where he contracts to deliver the goods on a certain day, he has the whole of the day, and if in one of several days, the whole of the days, for the performance of his part of the contract ; but he must do all he can to complete the; delivery at a convenient hour before midnight, and in... | |
 | Leone Levi - Commercial law - 1863 - 572 pages
...co^fg^ Where he contracts to deliver the goods on a certain day, he has the whole of the day, and if in one of several days, the whole of the days, for the performance of his part of the contract ; but he must do all he can to complete the delivery at a convenient hour before midnight, and in sufficient... | |
 | Great Britain. Courts - Law reports, digests, etc - 1864 - 584 pages
...reasonableness in each case; but the law appears to have fixed the rule; and it is this, that a party who is, by contract, to pay money, or to do a thing transitory, to another, anywhere, on a certain day, has the r.goj whole *of the day, and if on one of several days, the whole of the >• days, for the performance... | |
 | Judah Philip Benjamin - Sales - 1868 - 748 pages
...reasonableness in each case, but the law appears to hate fixed the rule, and it is this, that a party who is by contract to pay money or to do a thing transitory...will lie against him for the breach of such contract. In such a case, the party bound must find the other at his peril (Kidwelly z>. Brand, Plowden, 71),... | |
 | Judah Philip Benjamin - Les Salles-sur-Verdon (France) - 1881 - 1076 pages
...reasonableness in each case ; but the law appeared to have fixed the rule, and it is this, that a party who is by contract to pay money or to do a thing transitory...will lie against him for the breach of such contract. In such a case the party bound must find the other at his peril (Kidwelly v. Brand, Plowden, 71), and... | |
 | Judah Philip Benjamin - Sales - 1884 - 646 pages
...reasonableness in each case, but the law appears to have fixed the rule, and it is this, that a party who is by contract to pay money or to do a thing transitory...action will lie against him for the breach of such a contract. In such a case, the party bound must find the other at his peril (Kidwelly v. Brand, Plowden... | |
 | Ontario. High Court of Justice - Law reports, digests, etc - 1885 - 840 pages
...said, citing the rule laid down by Baron Parke, in Startup v. Macdonald, 6 M. & G. 593, "A party who is by contract to pay money, or to do a thing transitory to another, anywhere, * * must find the other at his peril * * if the other be within the four seas. * * But where the thing... | |
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... a party who is by contract to pay money or to do a thing transitory to another, anywhere, on a certain day, has the whole of the day, and, if on one of several days, the whole of the days, for the performance of his part of the contract: and until... 
