 | Robert Frederick Norton - 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... | |
 | 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... | |
 | New York (State). Court of Appeals - 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... | |
 | Edward Betley Brown, L. S. Le Vernois, Esten Kenneth Williams - 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... | |
 | 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... | |
 | Connecticut, John Elliott - 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... | |
 | Alberta. Supreme Court - 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... | |
 | George Purcell Costigan - 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,... | |
 | Charles Oliver Remfry - 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... | |
 | John Bouvier - 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... | |
| |
... 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... 
