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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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Western Law Reporter (Canada) and Index-digest, Volume 31

Edward Betley Brown, L. S. Le Vernois, Esten Kenneth Williams - Law reports, digests, etc - 1915 - 1004 pages
...money, or a part of it, and the day is to happen before the thing which is a consideration of the money is to be performed, an action . may be brought for the money." A vendor, therefore, to whom an intermediate instalment is due, may bring either an action at law for...
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The Law of Contracts, Volume 2

Samuel Williston - Contracts - 1920 - 1254 pages
...learned note of Serjeant Williams to the early case of Pordage v. Cole, 1 Saund. 320a, it is said that if a day be appointed for payment of money, or part of it, etc. " And this is still the law and the reason of such a case and of this case. Goldsborough v. Orr,...
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Principles of Contract: A Treatise on the General Principles Concerning the ...

Frederick Pollock - Contracts - 1921 - 896 pages
...several things are to be done " is the test most readily applicable (z); accordingly it is. said that "if a day be appointed for payment of money, or part...for not doing such other act) before performance" (a). But this is really no more than a rule of interpretation; it "only professes to give the result...
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New York Law of Contracts, Volume 2

Briscoe Baldwin Clark - Contracts - 1922 - 1270 pages
...whether they are dependent or independent." This rule as formulated by Sergeant Williams is as follows: " If a day be appointed for payment of money, or part of it, or for doing any other acts, and the day is to happen, or may happen, before the thing which is the consideration of the money,...
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A Selection of Cases on the Law of Contracts

Samuel Williston - Contracts - 1922 - 1092 pages
...to prove a transfer, or a tender and refusal within the six months. for payment of money oj- Pfrrt of it, or for doing any other act, and the day is to happen, or jnay happen, before the thing which ia the consideration of the money or other act ia to be performed,...
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Selected Cases on the Law of Contracts

Ernest Wilson Huffcut, Edwin Hamlin Woodruff - Contracts - 1925 - 872 pages
...conveyance of the land, and as respects them, the agreements were independent of each other, and lender of a deed before suit was not necessary. If a day...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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The Federal Reporter, Volume 85

Law reports, digests, etc - 1898 - 1020 pages
...law applicable in the construction of this contract are: "(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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American law reports annotated, Volume 48

1927 - 1624 pages
...the dependence or independence of the covenant. In Brenon Mfg. Co. v. Martin, supra, we decided that, "if a day be appointed for payment of money, or part...which is the consideration of the money, or other act, ST is to be performed, an action may be brought for the money, or for not doing such other act before...
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The Performance of Contracts: A Summary of Conditions in Contracts and ...

George Purcell Costigan - Contracts - 1927 - 126 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...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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Problems in Law for Law School and Bar Examination Review: A Collection of ...

Henry Winthrop Ballantine - Bar examinations - 1927 - 1166 pages
...in 1799 as a note to Pordage v. Cole), "if a day is appointed for payment of money or the doing of any other act, and the day is to happen or may happen...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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