The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity

The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity : From the Year 1785, as Are Still of Practical Utility Volume 107

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ...cheques to the amount of 500l., to repay you the amount, and you honour cheques to the amount of 300l., and refuse to pay more, could you sue me on the contract?) Probably not. 'The case of Neale v_. Ratclifi is not more opposed to him than Boon v. Eyre is in favour of the plaintiff. In the lst rule in Pordage v. Cole (1), it is said, that, "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 the money, or for not doing such other act, before performance; for, it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent: and so it is where no time is fixed for performance of that which is the consideration of the money or other act." ' I am of opinion that this rule should be discharged. The second point could only arise in the event of our holding the guarantee declared on to import a continuing forbearance; and we are of opinion that it imports only a forbearance until the 13th of December. The rule referred to therefore does not apply. As to the rest, it is conceded that the instrument is to be construed according to the intention of the parties as that is to be gathered from what appears upon the face of it: and we think the intention clearly was, that the plaintifi should forbear to sue Wale and Dawe until the 13th of December as the condition upon which alone the defendant's guarantee was to attach. The case is not to be distinguished from Neale v. Ratclifi." CRESSWELL, J.: I am entirely of the same opinion'; and, having so plainly intimated the grounds...show more

Product details

  • Paperback | 410 pages
  • 189 x 246 x 21mm | 730g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236767500
  • 9781236767509