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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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A Treatise on Pleading and Parties to Actions: With Second and ..., Volume 1

Joseph Chitty - Forms (Law) - 1851 - 900 pages
...such day was to- happen before the thing which was the consideration of the defendant's contract was to be performed, an action may be brought for the...or for not doing such other act, before performance by the plaintiff (2) ; for it appears that the defendant relied upon the mere ayreement to do the act,...
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English Reports in Law and Equity: Containing Reports of Cases in ..., Volume 7

Chauncey Smith - Law reports, digests, etc - 1852 - 690 pages
...note 4 to Pordage v. Cole, 1 Wms. Saund. 320 a — "If a day be appointed for the payment of money, or for doing any other act, and the day is to happen,...or for not doing such other act, before performance ; and so it is where no time infixed for performance of that which is the consideration of the money...
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A Treatise on the Law of Contracts, Volume 2

William Wetmore Story - Contracts - 1856 - 848 pages
...Sergeant Williams, who, after a full examination of the authorities, lays down the following rules: "1st. If a day be appointed for payment of money, or part...or for not doing such other act before performance; 1 Havelock v. Geddes, 10 East, R. 564; Groundsell r. Lamb, 1 Mees. & Welsh. R. 352; Baillie r. Kell,...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 17

Georgia. Supreme Court - Equity - 1856 - 736 pages
...appointed for the payment of money or part of it, or doing any other act, and the day is to happen after the thing which is the consideration of the money, or other act, is to be performed, no action can be maintained' for the money or other act before the performance, for in these cases...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 16

Nathan Howard (Jr.), New York (State). Supreme Court - Civil procedure - 1859 - 616 pages
...WILLIAMS, in Pordage agt. Cole, (1 Saund. 320 a,) that " if a day be appointed for the payment of money, and the day is to happen, or may happen, before the thing which is the consideration of the money, an action may be brought for the money, before performance," &c. It was not necessary for the plaintiff,...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volume 30

Georgia. Supreme Court - Equity - 1862 - 1096 pages
...cases of mutual covenants that are independent, are of two kinds: one I have named, and the other is, if a day be appointed for payment of money, or part of it, or for doing any other act or thing, and the day is to happen, or may happen before the thing which is the consideration of the...
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The Law of Contracts, Volume 2

Theophilus Parsons - Consideration (Law) - 1866 - 830 pages
...given the five following rules, collected with great care and accuracy from the decided cases. 1 . " If a day be appointed for payment of money, or part of it, or for doing any other net, and the day is to happen, or may happen before the thing which is the consideration of tho money,...
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A Treatise on the Law of Sale of Personal Property: With References to the ...

Judah Philip Benjamin - Sales - 1868 - 748 pages
...rules for discovering the intention are mainly these :— 1. Where a day is appointed for doing any act, and the day is to happen or may happen before the promise by the other party is to be performed, the latter may bring action before performance, which...
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Reports of Cases Argued and Determined in the English Courts of ..., Volume 60

Great Britain. Courts - Law reports, digests, etc - 1869 - 598 pages
...down by Mr. Serjt. Williams, in the note to Pordage v. Cole, 1 Wms. Saunders, 320 b, viz., that, " if a day be appointed for payment of money, or part of it, or for doing any other act, and the day iť to happen, or may happen, before the thing which is the consideration of the money, or other act,...
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Cases Decided in the Supreme Court of Ohio, Volume 6

Ohio. Supreme Court - Law reports, digests, etc - 1872 - 580 pages
...the first rule, 1 Saund. 320, n. 4, and page 4 of the note, seems to be applicable. The rule is, " if a day be appointed for payment of money, or part...money, or other act, is to be performed, an action may bo brought for the money, or lor not doini^ such act, before performance ; for it appears that the...
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