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" Where two acts are to be done at the same time, as where A covenants to convey an estate to B on such a day, and in consideration thereof B covenants to pay A a sum of money on the same day, neither can maintain an action without showing performance of,... "
Reports of Cases Argued and Determined in the Courts of Common Pleas and ... - Page 506
by Great Britain. Court of Common Pleas, John Bayly Moore - 1818
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A Practical Treatise on Pleading and on the Parties to Actions and ..., Volume 1

Joseph Chitty - Parties to actions - 1809 - 550 pages
...convey an estate or to * 315 deliver goods to B on *a named day or generally, and in consideraiien thereof, B covenants to pay A a sum of money on the same day, or generally ; neither can maintain an action without shewing performance of, or an offer to perform,...
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Reports of Cases Argued and Determined in the Supreme Court And ..., Volume 10

New Jersey. Supreme Court - Law reports, digests, etc - 1829 - 492 pages
..." Where two acts are to be done at the same time, as where A. covenants .to convey an estate to B. on such a day, and in consideration thereof, B. covenants...maintain an action without shewing performance, of, or,an offer to perform, his part, though it is not certain which of them is obliged to perform the...
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Reports of Cases Argued and Determined in the Supreme Court And ..., Volume 1

New Jersey. Supreme Court - Law reports, digests, etc - 1816 - 540 pages
...5th Where two acts are to be done at the same r time, as where A. covenants to convey an estate to B. on such a day, and in consideration thereof B. covenants...the same day; neither can maintain an action without showing performance of, or an offer to perform his part, though it is not certain which of them is...
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A Digest of the Laws of England, Volume 2

Sir John Comyns - Digests, etc - 1822 - 652 pages
...two acts are to be done at the same time, as where A. covenants to convey an estate or business to B. on such a day, and in consideration thereof B. covenants...action without shewing performance of, or an offer or readiness 'which last is sufficient, 2 B. & P. 447. 7 Taunt. 514. 1 More, 56. Dougl. 684.) to perform...
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A Treatise on the Law of Evidence, Volume 2

Samuel March Phillipps - Evidence (Law) - 1823 - 554 pages
...(a) V here two acts are to be done at the same time, as where A. covenants to convey an estate to B. on such a day, and in consideration thereof B. covenants to pay A. a sum of money on the same duy neither can maintain an action without shewing performance of, or an offer to perform his part,...
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The Law of Pleading and Evidence in Civil Actions: Arranged ..., Volume 1

John Simcoe Saunders - Civil procedure - 1831 - 598 pages
...to deliver goods, to B. on such a day, or generally, and, in consideration thereof, B. contracts or covenants to pay A. a sum of money on the same day, or generally, neither can maintain an action without showing performance of, or an offer to perform,...
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A Practical Abridgment of American Common Law Cases Argued and ..., Volume 4

Jacob D. Wheeler - Common law - 1835 - 632 pages
...where one is to grant an estate on a certain day, and the other in considrretion thereof i« to pay a sum of money on the same day, neither can maintain an action without showing performance of, or an offer to perform, though it he not certain which is to do the first act....
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A Treatise on the Parties to Actions, and on Pleading: With Second ..., Volume 1

Joseph Chitty, Thomas Chitty - Forms (Law) - 1837 - 860 pages
...convey an estate, or to deliver goods to B. on a named d;iy, or generally, and in consideration Ihcreof B. covenants to pay A a sum of money on the same day, or generally; neither can maintain au action without showing performance of, oran offer to perform,...
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A Digest Or [!] the Law Relative to Pleading and Evidence in Civil Actions

John Frederick Archbold - Civil procedure - 1838 - 682 pages
...where two acts are to be done at the same time, as where A covenants to convey an estate on such ad;iy, and in consideration thereof B. covenants to pay A. a sum of money on ihe same day, neither can maintain an action without showing performance of or an offer to perform...
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A Selection of Leading Cases on Various Branches of the ..., Volume 2, Part 1

John William Smith - 1840 - 530 pages
...5. " When two acts are to be done at the same time, as when A. covenants to convey an estate to B. on such a day, and in consideration thereof, B. covenants...the same day, neither can maintain an action without averring a performance, or an offer to perform, his own part, though it is not certain which of them...
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