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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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Notes on the California Reports: Showing the Present Value as ..., Volume 3

Annotations and citations (Law) - 1906 - 1098 pages
...112 Cal. 461, as authority sustaining the rule 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 will lie for the money; for it appears that the party relied upon his remedy, and did not...
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Transcript Appeals ... the File of Opinion in Cases Argued Before the Court ...

New York (State). Court of Appeals - Law reports, digests, etc - 1907 - 594 pages
...to be averred in the declaration, and when not, it may not be improper to lay down a few rules : "1. If a day be appointed for payment of money, or part of 200 PAINE v. BROWN. [SEPT., Opinion by DAVIES, Ch.J. it, or for doing any other act, and the day is...
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Western Law Reporter (Canada) and Index-digest, Volume 7

Edward Betley Brown, L. S. Le Vernois, Esten Kenneth Williams - Law reports, digests, etc - 1908 - 980 pages
...reached, on the ground of the rule laid down in the notes to Pordage v. Cole, 1 Wms. Saund. 320: " If a day be appointed for payment of money or part...and the day is to happen or may happen before the tiling which is the consideration of the money or other act is to be performed, an action may be brought...
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Lawyers' Reports Annotated, Book 21

Law reports, digests, etc - 1909 - 1182 pages
...applied to covenants, inz.s 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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The Sales Act (Public Laws, 1907, Ch. 212) of Connecticut: Complete Text of ...

Connecticut, John Elliott - Conditional sales - 1909 - 956 pages
...dependence or independence of stipulations of an agreement: 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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Alberta Law Reports, Volume 2

Alberta. Supreme Court - Law reports, digests, etc - 1911 - 682 pages
...Gardiner,1* was reached, on tlie ground of the rule laid down in the notes to 1'ordage vs. Cole.™ If a day be appointed for payment of money, or part...other act. and the day is to happen or may happen hefore the thing which is the consideration of the money or other act is to he performed. an action...
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The Performance of Contracts: A Summary of Conditions in Contracts and ...

George Purcell Costigan - Conditions - 1911 - 100 pages
...may not be improper to lay down a few rules, which will perhaps be found useful for that purpose. "1. If a day be appointed for payment of money or part...doing any other act, and the day is to happen or may bseppee fee/ore the thing which is the consideration of the money or other act is to be performed,...
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Commercial Law in British India Including the Rules of International Law ...

Charles Oliver Remfry - Commercial law - 1912 - 1080 pages
...three others which are generally quoted in this connection.* (1) When 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 an action before performance which...
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Bouvier's Law Dictionary and Concise Encyclopedia, Volume 2

John Bouvier - Law - 1914 - 1124 pages
...permit, of the rules of construction generally accepted. The rules of Mr. Serjeant Williame are: 1. If a day be appointed for payment of money or part of It, or for doing any other act, and the day le to happen, or may happen, before the thing which is the consideration of the money or other act...
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Department Reports of the Commonwealth of Massachusetts ..., Volume 1

Boston Herald. Bureau of Department Reports - 1915 - 702 pages
...Serjeant Williams in his note to Pordage v. Cole, 1 Saunders, 319, 320. That rule Is In these words: "If a day be appointed for payment of money, or part...which is the consideration of the money, or other act, la to be performed, an actloiv may be brought for the money, or for not doing such other act before...
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