Charles Fisk Beach
Published: 2013-09
Total Pages: 510
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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. 1896 edition. Excerpt: ...in a sale of bonds, the mere fact that the vendor denied having made the contract and refused to deliver the bonds, was held no such evidence of an intention to break the contract as released the buyer from a tender of payment when the day for performance arrived;' it seems that one party has no right to tract was in no way modified by the 530; Southwestern Stage Co. v. Peck, notice, and the plaintiffs were not 17 Kan. 271; Davis Sewing Machine bound then to sell in order to reduce Co. v. McGinnis, 45 Iowa, 538. the damages." Lord Abinger, C. B., 'Westl-ake v. Bostwick, 35 N. Y. in Phillpotts v. Evans, 5 M. & W. Super. Ct. 256. 474, 476. 3 Brooklyn Life Ins. Co. v. Bledsoe, 'Cort v. Ambergate R. Co., 17 Q. B. 52 Ala. 538. l 127; Daniels v. Newton, 114 Mass. 'Mowry '0. Kirk, 19 Ohio St. 375. exact from the other, before performance is due, a declaration, either formal or informal, that he expects to keep his contract.' 416. Further illl1strati0ns.--A contract payable "in trade," without time or place for a payment, is payable on demand, or within a reasonable time, and at the residence or place of business of the promisor; and, before the promisee is entitled to a money judgment against the promisor for non--performance, he must show a demand on his part and a refusal upon the part of the other.' Thus, where the owner of a stallion agreed to allow him to serve a mare, it was held that it was the duty of the owner of the mare to take her to the stallion within a reasonable time, and a failure to do this precluded an action against the owner of the stallion, although he had notified the mare's owner that he would not allow the stallion to serve.' Wliere a contract provides...