 | Joseph Chitty - 1809 - 550 pàgines
...convey an estate or to * 315 deliver goods to B on *a named day or generally, and in consideraiien thereof, B covenants to pay A a sum of money on the same day, or generally ; neither can maintain an action without shewing performance of, or an offer to perform,... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore - 1818 - 636 pàgines
...consideration on both sides, they are mutual conditions, and performance must be averred ; —that where two acts are to be done at the same time, as where A. covenants to convey an estate to 3. on such a day, and in consideration thereof B. covenants to pay A. a sum of money on the same day,... | |
 | Joseph Chitty - 1819 - 544 pàgines
...conditions, the one precedent to tlie other,97 and the plaintiff must aver performance on his pan(d). Sthly, Where two acts are to be done at the same time, as where A covenants or agrees to convey an estate or to deliver goods to В on *a named day or generally, and in consideration... | |
 | Sir John Comyns - 1822 - 652 pàgines
...pay, nor vice venS. ?TR 125. But a readiness is sufficient without a tender. 2 fi1. & P. 447.— 14. Where two acts are to be done at the same time, as where A. covenants to convey an estate or business to B. on such a day, and in consideration thereof B. covenants to pay A. a sum of money... | |
 | Samuel March Phillipps - 1823 - 554 pàgines
...Sunn, 4 TR 1J9. Glazebrook v. Wood£. 761. Morton v. Lamh, 7 T. row, 8 TR 366. 1 East, 210. (a) V here two acts are to be done at the same time, as where...B. covenants to pay A. a sum of money on the same duy neither can maintain an action without shewing performance of, or an offer to perform his part,... | |
 | Sir John Comyns - 1825 - 576 pàgines
...money, the delivery of the cow need not be averred. R. Hob. 88. Agreed per Holt. Lut. 250. Dan. 72. \ Where two acts are to be done at the same time, as where one agrees to sell and deliver goods at a particular place, and the other agrees to receive and pay... | |
 | Matthew Bacon - 1832 - 844 pàgines
...day, and „ TUr,,!?» m consideration thereof B. covenants to pay A. a sum of money Callonel v. 1st. Where two acts are to be done at the same time, as Jtnd.\i\. on the same day (or on the conveyance), neither can maintain V. J1IUI|!! T 1 •/ > ^ B rf... | |
 | George Shall Yerger, Tennessee. Supreme Court - 1833 - 640 pàgines
...was already performed. We have the rule more applicable to this case in 1 Chitty's Pleading, 281 : "Where two acts are to be done at the same time, as where A agrees or covenants to convey an estate, or to deliver goods to OF THE STATE OF TENNESSEE. B on a named... | |
 | New York (State). Superior Court (New York), Jonathan Prescott Hall - 1833 - 708 pàgines
...Rose, [12 JR 212,] the court say that the result of all the modern cases on the subject is, that " where two acts are " to be done at the same time, as when one agrees to sell and deliver, " and the other agrees to receive and pay," an averment, by the... | |
 | William Johnson - 1837 - 678 pàgines
...provisions in the two instruments clearly manifest such to have been the intention of the parties. Ibid. 85. Where two acts are to be done, at the same time, as, when one agrees to sell and deliver, and the other agrees to receive and pay ; and in an action for... | |
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Where two acts are to be done at the same time, as where A. covenants to convey an estate to B. on such a day, and in consideration thereof B. covenants to pay . 1. 
