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" Martin, supra, we decided that, "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, ST is to be performed,... "
A Selection of Cases on the Law of Contracts - Page 1172
by William Albert Keener - 1898 - 1830 pages
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 7

Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - Law reports, digests, etc - 1839 - 1086 pages
...time. In note (4) to Pordage v. Cole, 1 H'nu. Saund. 320 a, Mr. Serjt. Williams lays it down that, " If a day be appointed for payment of money, or part of it, or for doing any other act, and the day .'• to happen, or may happen, before the thing which is the consideration of the money, or other...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 7

Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - Law reports, digests, etc - 1839 - 1088 pages
...(4) to Pordage v. Cole, 1 Wmt. Saund. 320 , Mr. Serjt Williams lays it down tliat, " If a day Le appointed for payment of money, or part of it, or for doing any other act, aod the day it to happen, or matt happen, before the thing which is the consideration of the money,...
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Volume 10

Great Britain. Court of Exchequer, Roger Meeson, William Newland Welsby - Law reports, digests, etc - 1843 - 842 pages
...before any conveyance by him of the land. In the notes to that case (rf) the rule is laid down thus: " If a day be appointed for payment of money or part of it, or for doing any other act, and the day it to happen, or may happen before the thing which is the consideration of the money or other act is...
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A Digest of the Reported Cases Adjudged in the Several Courts Held ..., Volume 1

Thomas Isaac Wharton - Law reports, digests, etc - 1843 - 870 pages
...for the payment of money or part of it, or for the doing of any other act or thing, and the day must or may happen, before the thing which is the consideration of the money, or other act, is lo be performed, an action may be brought for the money, or for not doing such other act, before performance...
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A Treatise on the Effect of the Contract of Sale: On the Legal Rights of ...

Colin Blackburn Baron Blackburn - Contracts - 1845 - 374 pages
...Pordage v. Cole (1 Saund. 320, a.), will be found, on examination, to be founded in strong sense. " 1st. If a day be appointed for payment of money, or part...or for not doing such other act before performance. * * * * But — 2. When a day is appointed for the payment of money, &c., and the day is to happen...
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A New Abridgment of the Law with Large Additions and Corrections, Volume 1

Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - Law - 1846 - 866 pages
...17 Mass. 149; SGreenl. Ill; 7Cowen,24; 2 Rep. Const. Ct, 401 ; 1 John. Cas. 116; 4 Rand. 346.g/ 2d. If a day be appointed for payment of money, or part...performed, an action may be brought for the money, or not doing such other act, without any averment of performance by the plaintiff, for it appears that...
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Reports of Cases at Law and in Equity, Argued and Determined in ..., Volume 8

Alabama. Supreme Court - Law reports, digests, etc - 1846 - 1104 pages
...applied to covenants, viz : 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...
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A New Abridgment of the Law with Large Additions and Corrections, Volume 7

Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - Law - 1846 - 720 pages
...act) which must or may arrive before the act on the plaintiff's part is to be performed. In such case an action may be brought for the money, or for not doing any other act, before performance by plaintiff; for it appears that the defendant relied on his remedy,...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 70

Alabama. Supreme Court - Law reports, digests, etc - 1883 - 770 pages
...and frequent application, that when money is to he 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 nota condition precedent...
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A Compendium of the Law and Practice of Vendors and Purchasers of Real Estate

Joseph Henry Dart - Real property - 1851 - 1234 pages
...that the mutual stipulations were, to a certain extent, independent; it being a general rule, that if a day be appointed for payment of money, or part...or other act, is to be performed, an action may be (c) Lovelock v. Franklyn, 8 GL. BR 371; Knight v. Crockford, I Esp. 190. (rf) See Caines v. Smith,...
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