| Henry Winthrop Ballantine - 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... | |
| 1916 - 534 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... | |
| Great Britain. Courts - 1911 - 656 pages
...following passage from Smith's Leading Cases, llth edit., vol. 2, p. 12, which was read by Mr. Atkin: "If a day be appointed for payment of money or part...act, is to be performed, an action may be brought tor the money, or for not doing such other act, before performance." I think Mr. Lush was justified... | |
| 1927 - 1624 pages
...the dependence or independence of the covenant. In Brenon Mfg. Co. y. Martin, supra, we decided that, "if a day be appointed for payment of money, or part...happen, or may happen, before the thing which is the , _ consideration of the t£?c?££,°nmoamoney, or other act, £££*£? is to be performed, an action... | |
| 1839 - 1104 pages
...averred. There is a good statement of the rule, in a note of Mr. Serjeant Williams, to Pordage v. Cole: " If a day be appointed for payment of money, or part...happen, before the thing which is the consideration for the money or other act is to be performed, an action may be brought for the money, or for not doing... | |
| Illinois. Supreme Court - 1878 - 770 pages
...1. CONTRACT — of dependent and independent covenants or agrctmentt. If a day be appointed for the payment of money, or part of it, or for doing any other net, and the day is to happen, or may happen, before the thing which is Ihc consideration of the money... | |
| Victoria. Supreme Court - 1922 - 770 pages
...operation of the rule, or make Order III., r. (i, inapplicable. Tin- rule stated by Williams is : — " If a day be appointed for payment of money, or part of it, or for doing any other at-t, and the day is to happen or may happen before the thing which is the consideration of the money... | |
| Minnesota. Supreme Court - 1920 - 648 pages
...ago in a note to Pordage v. Cole, 1 Saund. [See page 320 b, 6th Am. ed. 1846]. This is one of them : "If a day be appointed for payment of money, or part of it, * * * and the day is to happen, or may happen, before the thing which is the consideration of the money... | |
| California. Supreme Court - 1906 - 826 pages
...therefore, strictly within the well-established rule that, "if a day be appointed for payment of money, or a part of it, or for doing any other act, and the day...thing which is the consideration of the money, or the act is to be performed, an action may be brought for the money, or for not doing such other act,... | |
| Archibald Brown - 2005 - 592 pages
...the rules for deciding whether in any given case a covenant is dependent or independent : — (1.) If a day be appointed for payment of money, or part...it, or for doing any other act, and the day is to (or may) happen before the thing which is the consideration for the money or other act is to be performed,... | |
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