...before the thing which was the consideration of the defendant's contract was to !>e performed, an aciion may be brought for the money or for not doing such other act before performance by the plaintiff ; for it appears that the defendant relied upon hi* remedy and did not intend to make...

...may be important to give in his own words. 1st If a day be appointed for payment of money, or part of it, or for doing any other act; and the day is...the thing which is the consideration of the money, cr the other act is to be performed; an action may be brought for the money, or for not doing such...

...and such day to happen before the thing which was the consideration of the def of ant's contract was to be performed, an action may be brought for the...or for not doing such other act before performance by ihe plaintiff;94 for it appears that the defendant relied upon his remedy and did not intend to...

...will be found useful for that purpose; and 1st, if a day be appointed for payment of money, or part of it, or for doing any other act, and the day is...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...

...Thorp v. Thorp, \ Salk. 171, when the money is to be paid at an appointed time, and the day of payment is to happen, or may happen, before the thing which is the consideration of the payment of the money is to be performed, the performance of the thing is not a condition precedent...

...Pordagev. C'ofe(l "Win. Sauud. 481 1, is, that "if a day be appointed for payment of money, or part of it, or for doing any other act, and the day is...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...

...There, the following rules are recognised: 1st. if a day he appointed for payment of money, or a part of it, or for doing any other act, and the day is...the thing which is the consideration of the money, is to be performed; an action may he brought for the money, or for not doing such other act, before...

...rule proposed by Sergeant Williams, is this — 1. If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is...happen before the thing which is the consideration, is to be performed, the covenants are independent, and an action may be brought for the money, &c....

...440, 5 ; Selw. NP 107 ; Lawes, Pl. c. 5, 6. 1. If a day be appointed for the payment of money, or part of it, or for doing any other act, and the day is...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...

...happen or may v. Thorpe, happen before the thing which is the consideration of the money i Ld. Raym. or other act is to be performed, an action may be brought tor 665. i Lutw. the money, or not doing such other act, without any averment of 250. 12 Mod. performance...