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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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United States Courts of Appeals Reports: Cases Adjudged in the ..., Volume 43

Law reports, digests, etc - 1897 - 1016 pages
...determining whether covenants are dependent or independent. The first of these rules is as follows : "If a day be appointed for payment of money, or part...other act, and the day is to happen, or may happen, Iffore the thing which is the consideration of the money, or other act, is to be performed, an action...
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Reports of Cases Argued and Determined in Ohio Courts of Record: Weekly law ...

Law reports, digests, etc - 1899 - 888 pages
...taking of the lease and premises') nnd the dav is to happen after Superior Court of Cincinnati. 346 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 for not doing such other act before performance." Neale...
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The Ontario Law Reports: Cases Determined in the Court of Appeal ..., Volume 16

Law reports, digests, etc - 1908 - 776 pages
...money or part of it, and the day is to happen before the thing which is the consideration of the money is to be performed, an action may be brought for the money: see the whole rule stated in Norton on Deeds, 2nd ed., p. 524 et seq. The case of Yates v. Gardiner...
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A Treatise on the Law of Sale of Personal Property, Volume 2

Floyd Russell Mechem - Personal property - 1901 - 962 pages
...intention of the parties. Mr. Benjamin2 has stated them thus: " 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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The Northwestern Reporter, Volume 87

Law reports, digests, etc - 1902 - 1268 pages
...maintained. The general rule Is that, where a day Is appointed for the payment of money, or a part of it, or the day is to happen, or may happen, before the thing which Is the consideration for the money Is performed, an action may be brought for the money before performance. In such case...
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A Selection of Cases on the Law of Contracts, Volume 2

Samuel Williston - Contracts - 1904 - 696 pages
...Williams states the following rules for di§tinguishing between dependent and independent covenants : 1. If a day be appointed for payment of money or part...day is to happen, or may happen, before the thing wliich is the consideration of the money or other act is to be performed, an action may be brought...
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A Selection of Cases on the Law of Contracts, Volume 2

Samuel Williston - Contracts - 1904 - 696 pages
...day is i . . - happen, oj^rjoay_liapj>en, before the thing which is the consideration of the money i other act is to be performed, an action may be brought for the money, or for not _ ' f x ' doing such other act before performance ; for it appears that the party relied upon 1."-...
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A Concise Treatise on the Law of Covenants

Gawayne Baldwin Hamilton - Covenants - 1904 - 350 pages
...intention"^). The rules laid down in Pordage v. Cole (n) for the discovery of the intention are:— " (1.) If a day be appointed for payment of money, or part of it, or doing any other act, and the day is to happen, or may happen, before the thing which is the consideration...
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A Treatise on Deeds

Robert Frederick Norton, Robert Hay Dun, Digby Latimer Francis Koe - Deeds - 1906 - 776 pages
...in the notes to Pordage v. Cole (1670), 1 Wins. Saund. 820, note 4 (p. 551, ed. 1871), as follows: "If a day be appointed for payment of money, or part...before the thing which is the consideration of the mone}7, or other act, is to be performed, an action may be brought for the money, or for not doing...
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A Treatise on Deeds

Robert Frederick Norton - Deeds - 1906 - 774 pages
...in the notes to Pordage v. Cole (1670), 1 Wms. Saund. 320, note 4 (p. 551, ed. 1871), as follows: " If a day be appointed for payment of money, or part...other act, and the day is to happen, or may happen, bei'mr the thing which is the consideration of the money, or other act, is to be performed, an action...
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