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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 New Law Dictionary and Institute of the Whole Law: For the Use of Students ...

Archibald Brown - Law - 1874 - 510 pages
...for deciding whether in any given ease a covenant is dependent or independent : — (1.) If a day bo appointed for payment of money, or part of it, or for doing any other act, and the day is to (or may) happen before the thing which is the consideration for the money or other act is to be performed,...
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The American Reports: Containing All Decisions of General ..., Volume 18

Isaac Grant Thompson - Law reports, digests, etc - 1876 - 842 pages
...performance is necessary to be averred, one is, that if a day be appointed for the payment of money or the doing any other act, and the day is to happen or may...which is the consideration of the money or other act to be performed, an action may be brought for the money or for not doing such other act before performance,...
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Chitty's Treatise on Pleading and Parties to Actions: With a Second Volume ...

Joseph Chitty, Henry Greening - Forms (Law) - 1876 - 1174 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 ; (c1) for it appears that the defendant relied upon the mere agreement to do the...
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Dictionary of Terms and Phrases Used in American Or English ..., Volume 1

Benjamin Vaughan Abbott - Law - 1879 - 1054 pages
...following are the rules for deciding whether in any given case a covenant is dependent or independent : money, or part of it, or for doing any other act, and the day is to, or may, happen before the thing which is the consideration for the money or other act is to be performed,...
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A Treatise on the Law of Merchant Shipping and Freight

James Thomas Foard - Freight and freightage - 1880 - 678 pages
...without averring tender or payment of the 20, These general rules have been expressed as follows : — "If a day be appointed for payment of money, or part of it, or fordoing any other act, and the day is to happen, or may happen, before the thing which is the consideration...
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A New Law Dictionary and Institute of the Whole Law: For the Use of Students ...

Archibald Brown - Law - 1880 - 648 pages
...deciding whether in any given case a covenant is d< pendent or independent: — (1.) If a duy be appoiutid for payment of money, or part of it, or for doing any other net, and the day is to (or may) happen before the thing which is the consideration for the money or...
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A Treatise on the Law of Sale of Personal Property: With References to the ...

Judah Philip Benjamin - Les Salles-sur-Verdon (France) - 1881 - 1076 pages
...whether covenants comson v. Morton, 11 Ir. LK 230; King 562. 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 construcuci 1 • 1 • ji- tionfordisaction...
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The Ontario Reports: Containing Reports of Cases Decided in the ..., Volume 2

Ontario. High Court of Justice - Law reports, digests, etc - 1883 - 752 pages
...the action was well brought without an averment of the conveyance of the land. It is said at p. 320 " If a day be appointed for payment of money, or part...to be performed, an action may be brought for the mouey or for not doing such other act before performance, for it appears that the party relied upon...
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Benjamin's Treatise on the Law of Sale of Personal Property: With ..., Volume 2

Judah Philip Benjamin - Sales - 1888 - 1034 pages
...discovering the intention are mainly these : — 5b'2. 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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Principles of Contract: A Treatise on the General Principles Concerning the ...

Frederick Pollock - Contracts - 1889 - 816 pages
...perform- ^ ^ et j one •> j s tne tegt mos t rea( li|y applicable (n) ; accordingly it is said that " if a day be appointed for payment of money, or part...is to happen, or may happen, before the thing which notes to Pordaye v. Cole, 1 Wins. be exchanged for performance, (k) SeeLangdell, 140, 899, and...
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