 | Joseph Chitty - Parties to actions - 1809 - 550 pages
...before the thing which was the consideration of the defendant's contract was to !>e performed, an aciion may be brought for the money or for not doing such other act before performance by the plaintiff ; for it appears that the defendant relied upon hi* remedy and did not intend to make... | |
 | New Jersey. Supreme Court - Law reports, digests, etc - 1816 - 540 pages
...made, ventures to deduce certain general rules which it may be important to give in his own words. 1st If a day be appointed for payment of money, or...the thing which is the consideration of the money, cr the other act is to be performed; an action may be brought for the money, or for not doing such... | |
 | Joseph Chitty - Forms (Law) - 1819 - 544 pages
...and such day to happen before the thing which was the consideration of the def of ant's contract was to be performed, an action may be brought for the...or for not doing such other act before performance by ihe plaintiff;94 for it appears that the defendant relied upon his remedy and did not intend to... | |
 | Peyton Randolph, Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1827 - 776 pages
...Thorp v. Thorp, \ Salk. 171, 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... | |
 | Alabama. Supreme Court, George Noble Stewart - Law reports, digests, etc - 1835 - 526 pages
...intention." There, the following rules are recognised: 1st. if a day he appointed for payment of money, or a part of it, or for doing any other act, and the day...the thing which is the consideration of the money, is to be performed; an action may he brought for the money, or for not doing such other act, before... | |
 | Maryland. Court of Appeals, Richard W. Gill, Richard Wordsworth Gill, John Johnson - Law reports, digests, etc - 1830 - 562 pages
...quoted from this note on the other side. The first rule proposed by Sergeant Williams, is this — 1. If a day be appointed for payment of money, or part...happen before the thing which is the consideration, is to be performed, the covenants are independent, and an action may be brought for the money, &c.... | |
 | Matthew Bacon - Law - 1832 - 844 pages
...Cook v. Jennings, 7 Term R. 381. Ferry v. Williams, 1 Moo. 498. 1 Saund. 320. note. Dyer 76. a. in 2d. If a day be appointed for payment of money, or part of marg. Thorpe it, O r for doing any other net, and the day is to happen or may v. Thorpe, happen before... | |
 | Pennsylvania. Supreme Court, Frederick Watts - Law reports, digests, etc - 1841 - 536 pages
...would seem to rule the second question in this case in favour of the plaintiff below. The rule is, if a day be appointed for payment of money, or part...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 peformance;... | |
 | Joseph Chitty, Thomas Chitty - Forms (Law) - 1837 - 860 pages
...the thing which was the consideration of the defendant's »contract was to be performed, an [ *365 J action may be brought for the money, or for not doing such other act, before performance by the plaintiff (037) ; for it appears that the defendant relied upon the mere agreement to do the... | |
 | John Frederick Archbold - Civil procedure - 1838 - 682 pages
...performance on the part of the plaintiff need not be averred. And first, if a day be appointed for the payment of money, or part of it, or for doing any other act, and the day must and may happen before the thing which is the consideration of the money or other act, is to be... | |
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... 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 is to be performed, an action may be brought for... 
