Reports of Cases Argued and Determined in the Court of King's Bench, in the Nineteenth, Twentieth, and Twenty-first Years of the Reign of George III. [1778-1781], Part 115, Volume 2

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Page 688 - There is also a third sort of covenants, which are mutual conditions to be performed at the same time ; and in these, if one party was ready and offered to perform his part, and the other neglected or refused to perform his, he who was ready and offered has fulfilled his engagement, and may maintain an action for the default of the other though it is not certain that either is obliged to do the first act.
Page 688 - Such as are called mutual and independent, where either party may recover damages from the other, for the injury he may have received by a breach of the covenants in his favour, and where it is no excuse for the defendant, to allege a breach of the covenants on the part of the plaintiff.
Page 512 - ... established or not. If he does not know it, he ought to inform himself. It is no matter if the usage has been only for a year ; this trade has existed and been conducted in the same manner, for three years.
Page 521 - Record, upon any Bond or Bonds, or on any Penal Sum for Non-performance of any Covenants or Agreements in any Indenture, Deed, or Writing contained, the Plaintiff or Plaintiffs may assign as many Breaches as he or they shall think fit...
Page 469 - In the prefent cafe, the nature of the infurance is known to both parties. The plaintiffs fay, " We mean to game; " but we give our reafon for it ; Captain Lawfott " owes us a fum of money, and we want to be " fecure, in cafe he fhould not be in a fituation
Page 470 - There is a sound distinction between contracts executed and executory, and if an action is brought with a view to rescind a contract, you must do it while the contract continues executory, and then it can only be done on the terms of restoring the other party to his original situation.
Page 694 - If any near relation is induced to pay the money for the bankrupt, it is taking an unfair advantage, and torturing the compassion of his family...
Page 516 - Guildhall, that it is not an excuse for not demanding payment on a note or bill, or for not giving notice of non-payment, that the maker or acceptor has become a bankrupt, as many ways may remain of obtaining payment by the assistance of friends or otherwise.
Page 435 - Besides what is irreparable my pecuniary loss is great. I apprehended no danger, and therefore took no precaution. But, how great soever that loss may be, I think it does not become me to claim or expect reparation from the state. I have made up my mind to my misfortune, as I ought ; with this consolation, that it came from those whose object manifestly was general confusion and destruction at home, in addition to a dangerous and complicated war abroad.
Page 6 - ... the mortgage, is entitled to the rent in arrear at the time of the notice, as well as to that which accrues afterwards.

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