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" In pleading the performance of a condition precedent in a contract, it is not necessary to state the facts constituting performance ; but the party may state, generally, that he, or the person whom he represents, duly performed all the conditions on his... "
Common law pleading. Code pleading. Federal procedure. Evidence - Page 101
by Albert Hutchinson Putney - 1908
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Reports of Civil and Criminal Cases Decided by the ..., Volume 14; Volume 77

Kentucky. Court of Appeals, James Hughes, Achilles Sneed, Martin D. Hardin, George Minos Bibb, Alexander Keith Marshall, William Littell - 1879 - 942 pages
...Thurman, 4 Mon. 176 ; Alexander v. Wales, 6 Mon, 824.) Section 149 of the Code of 1851 providing that " in pleading the performance of a condition precedent in a contract, it shall not be necessary to state the facts showing such performance, but it may be stated generally...
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - 1850 - 920 pages
...(acts conferring jurisdiction. Amended Code, § 161. § 058. In pleading the performance of conditions precedent in a contract, it is not necessary to state the facts, showing such performance ; but it may be stated generally, that the party duly performed all the conditions...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - 1851 - 544 pages
...counter-claim or set-off, and is not controverted in the reply, it need not be proved on the trial. § 175. In pleading the performance of a condition precedent in a contract, it shall not be necessary to state the fact* showing such performance, but it may be stated, generally,...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - 1851 - 548 pages
...counter-claim or set-off, and is not controverted in the reply, it need not be proved on the trial. § 175. In pleading the performance of a condition precedent in a contract, it shall not be necessary to state the facts showing such performance, but it may be stated, generally,...
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A Treatise on the Powers and Duties of Justices of the Peace, in the State ...

Alexander Ralston Tiffany - 1859 - 656 pages
...sufficient to allege generally, that judgment • or. decision was duly given or made. — CL, Sec. 3717. ' In pleading the performance of a condition precedent in a contract, it will be sufficient to allege generally, that the party performed all the conditions on his part; if...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 15

Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1861 - 590 pages
...p. 45, unless proof of such former suit be necessary under the averments of the complaint. Ibid. 36. In pleading the performance of a condition precedent in a contract, it is sufficient to allege generally, that the party performed all the conditions on his part to by performed...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volume 37

New York (State). Supreme Court, Oliver Lorenzo Barbour - 1863 - 720 pages
...followed, Paige, J. however expressing his dissatisfaction with it. The 162d section of the code says : " In pleading the performance of a condition precedent in a contract, it shall not be necessary to state the facts showing such performance, but it may be stated generally...
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The Code of Civil Procedure of the State of California: Adopted March 11th ...

California - 1872 - 774 pages
...Cal. 181, 283 ; 17 Cal. 518 ; 36 Cal. 117. $ 4ST. jj CO.) In pleading the performance of conditions precedent in a contract, it is not necessary to state the facts showing such performance, but it may be stated generally that the party duly performed all tho conditions...
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The Code of Civil Procedure of the State of California, Volume 1

California - 1872 - 892 pages
...Danos, 35 Cal., p. 448. Conditions 457. (§ GO.) In pleading the performance of conEowtobe' ditions precedent in a contract, it is not necessary to state the facts showing such performance, but it may be stated ^generally that the party duly performed all the conditions...
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Laws of the State of New York, Volume 2

New York (State) - 1876 - 398 pages
...controverted, the party pleading must, on the trial, establish the facts conferring jurisdiction. § 533. In pleading the performance of a condition precedent...is controverted, he must, on the trial, establish performance. § 534. Where a cause of action, defence, or counterclaim, is founded upon an instrument...
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