 | Benjamin Vaughan Abbott - 1879 - 1054 páginas
...offers to perform his part, and the other neglecU or refuses to perform his, he who is ready and offers has fulfilled his engagement, and may maintain an...certain that either is obliged to do the first act. The third sort is where either party may recover damages from the other for the injuries he may have... | |
 | James Thomas Foard - 1880 - 678 páginas
...763, 2 Wms. Saund., 742; EC RL Co. v. Philipson, 16 CB, 2 ; Barker v. Hodgson, 3 Mau. & S., 267. " 3. There is also a third sort of covenants, which are...not certain that either is obliged to do the first act"1 And with reference to this last species of stipulation, the principle is clearly laid down :... | |
 | 1884 - 1902 páginas
...to perform his, he who is ready and offers, has fulfilled his engagement and may maintain an actiop for the default of the other, though it is not certain that either is obliged to do the first act. The third class are called mutual or independent covenants, where either party may recover damages... | |
 | Charles Greenstreet Addison - 1881 - 820 páginas
...covenants, which are mutual conditions to be performed at the same time, and, in these, if one partywas ready and offered to perform his part, and the other...certain that either is obliged to do the first act" (b) 232. Conditions precedent. — Representations and stipulations in a contract, as to something... | |
 | Charles Greenstreet Addison - 1881 - 800 páginas
...part of the contract, and the other neglected or refused to perform his, he who was ready and willing has fulfilled his engagement, and may maintain an...certain that either is obliged to do the first act." (a) It is a sufficient performance, however, of the vendor's part of the contract, if he is " ready... | |
 | Edmund B. Ivatts - 1883 - 1168 páginas
...was ready and offered to perform his part, and the other neglected or refused to perform his part, he who was ready and offered has fulfilled his engagement,...certain that either is obliged to do the first act." In Jones v. Barkley (nsi) Justice Buller said "that where something is covenanted or agreed to be performed... | |
 | John Bouvier - 1883 - 870 páginas
...his part, and the other refuses or neglects to perform his, he who is ready and offers has fulfi^ed his engagement, and may maintain an action for the...certain that either is obliged to do the first act ; Platt, Cov. 71 ; 2 Selw. NP 443 ; Dougl. 698 ; 18 EL & Eq. 81 ; 4 Wash. C. C. 714; 16 Mo. 450. Declaratory... | |
 | Charles Greenstreet Addison - 1888 - 864 páginas
...to an action on his covenant ; there is also a third sort of covenants, which are mutual couditious to be performed at the same time, -and in these, if...certain that either is obliged to do the first act." (ri) Conditions Precedent.1 — Representations and stipulations in a 1 Conditions, how they are construed... | |
 | 1895 - 914 páginas
...therefore till the prior condition is performed the other party is not liable to an action on his covenant; there is also a third sort of covenants, which are...certain that either is obliged to do the first act." (Kingston v. Preston, cited, 2 Doug. 689, 690; Lester v. Jewett, 11 NY 453, 457.) As declared by the... | |
 | David Shephard Garland, James Cockcroft, Lucius Polk McGehee, Charles Porterfield - 1898 - 1208 páginas
...till this prior condition is performed, the other party is not liable to an action on his covenant. 3. There is also a third sort of covenants, which are...certain that either is obliged to do the first act." Illustrations. — A promise to pay a sum of money " in consideration of [the promisee's] assuming... | |
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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... 
