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" There is also a third sort of covenants, which are mutual conditions to be performed at the same time ; and in these, if one party was ready and offered to perform his part, and the other neglected or refused to perform his, he who was ready and offered... "
Reports of Cases Argued and Determined in the Court of King's Bench, in the ... - Σελίδα 688
των Great Britain. Court of King's Bench - 1790
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A Digest of the Law of Actions and Trials at Nisi Prius

Isaac 'Espinasse - 1794 - 918 σελίδες
...'" " he who is ready and offers, has fulfilled his engagements, " and may maintain this a£tiqn for default of the other, " though it is not certain that either is obliged to do the " firft ad." Jon«&»lt. v. As where the plaintiffs declared on an agreement by the Barkley. defendant...

A General Abridgment of Law and Equity: Alphabetically Digested ..., Τόμος 1

Charles Viner - 1799 - 610 σελίδες
...and offered has L'f"ra,")r fulfilled his engagement, and may maintain an aclion for the ftould »p. default of the other, though it is not certain that either is ob- point, fo fu liged to do the firft act. Hie Lordlhip proceeded to fay that £ m^M the dependence...

A Practical Treatise on Pleading and on the Parties to Actions and ..., Τόμος 1

Joseph Chitty - 1809 - 550 σελίδες
...these if one party was ready and offered to per" form his part, and the other neglected or refused to perform " his, he who was ready and offered, has fulfilled his engage" menl, and may maintain an action for the default of the " other, though it is not certain that...

Reports of Cases Argued and Determined in the Court of King's ..., Τόμοι 1-2

Great Britain. Court of King's Bench, Sylvester Douglas Baron Glenbervie - 1813 - 1010 σελίδες
...these, if one party was ready, and offered, to perform his part, and the oilier neglected, or refused, to perform his, he who was ready, and offered, has...it is not certain that either is obliged to do the first act. — His Lordship then proceeded to say, that " the 1781. JONES against D.UUvJ.LY. [691 ]...

Reports of Cases Argued and Determined in the Court of ..., Μέρος 115,Τόμος 2

Great Britain. Court of King's Bench - 1813 - 502 σελίδες
...party was ready, and offered, to per" form his part, and the other neglected, or refused, to per" form his, he who was ready, and offered, has fulfilled...is not certain that either is obliged to " do the first act. — His Lordship then proceeded to say, that " the nant goes to the whole of the consideration...

A Treatise on the Parties to Actions, the Forms of Actions, and on Pleading ...

Joseph Chitty - 1819 - 544 σελίδες
...in these if one party was ready and offered to perform his part, and the other neglected or refused to perform his, he who was ready and offered has fulfilled...it is not certain that either is obliged to do the first act. — The dependence or independence of covenants is to be collected from the evident sense...

Reports of Cases Relating to the Duty and Office of Magistrates ..., Τόμος 1

Great Britain. Court of King's Bench, James Dowling, Archer Ryland - 1823 - 588 σελίδες
...part of the contract, and the other refuses or neglects to perform his, he who is ready and offers, has fulfilled his engagement, and may maintain an action for the default of the other. It follows from this, that unless he has so fulfilled his engagement, he cannot maintain any action....

The Practice of the Courts of King's Bench, and Common Pleas, in ..., Τόμος 1

William Tidd - 1828 - 806 σελίδες
...J^g" was ready and offered to perform his part, and the other neglected or re- time, fused to i>erform his, he who was ready and offered, has fulfilled his...an action for the default of the other, though it be not certain that either is obliged to do the first act b. The dependence or independence of covenants...

The Practice of the Courts of King's Bench, and Common Pleas, in ..., Τόμος 1

William Tidd - 1828 - 610 σελίδες
...in these, if one party was ready and offered to perform his part, and the other neglected or refused to perform his, he who was ready and offered, has...may maintain an action for the default of the other, though.it be not certain that either is obliged to do the first act.e The dépendance or indépendance...

A Practical Treatise on the Law of Covenants

Thomas Platt - 1829 - 720 σελίδες
...offers to perform his part, and the other neglects or refuses to perform his, he who is ready and offers has fulfilled his engagement, and may maintain an...it is not certain that either is obliged to do the first act(e). The third sort are called mutual or independent; Mutual or where either party may recover...




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