A Treatise Upon Some of the General Principles of the Law; Whether of a Legal, or of an Equitable Nature, Including Their Relations and Application to Actions and Defenses in General, Whether in Courts of Common Law, or Courts of Volume 1
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. 1879 edition. Excerpt: ...conditions precedent on his part, if he brings an action; although it may be true that the covenants may be independent, in the sense that the other party may sue without alleging or proving the performance of any condition precedent on his part. The reason of this is, that when a specified time is fixed for the performance of the covenants by 011% party, and no time is fixed for the' performance of the other, and the mutual covenants are the consideration of each other, it is evident that one party is to do the acts which he covenants to do before he is entitled to payment, and he must allege performance if he sue the other party; but if the act is not done at the time specified, that will be a breach of the covenant, and an action will lie for such breach, Without any performance by the other party; and this is so, because the Party chose to covenant for the performance of his acts at a specified time, Without making it a condition that the other party B110111d d 2' -' y Wt as a condition precedent to a performance upon hi5 Own part. Where a covenant or agreement may be treated as independent, and an action brought on it, yet if that is not done until the party W110 might thus sue becomes bound, on his part, to perform some act under the same contract, the two acts then become dependent acts, and nelther party can sue without first performing or tendering performance on his part. I'r'w1'/n v. Lee, 34 Ind. 319. A party to' a contract may be held to strict performance as to time, and put in default for non-performance; and whether equity would relieve, would depend on circumstances. But to do this, the party seeking to put the other in default must not only be ready and willing to perform, but he must tender performance at the...
- Paperback | 330 pages
- 189 x 246 x 18mm | 590g
- 13 Sep 2013
- Illustrations, black and white