 ... notice, expiring with the first three years, was not sufficient for that purpose; Lord Kenyon, CJ observing, that it had frequently been said, and common sense seemed to justify it, that conditions were to be construed to be either precedent or subsequent,...  A Compendium and Digest of the Laws of Massachusetts - Seite 352von Massachusetts, William Charles White - 1811Vollansicht - Über dieses Buch
 | William Selwyn - 1812 - 700 Seiten
...to justify it, that conditions were to be construed to be either precedent or subsequent, aecording to the fair intention of the parties, to be collected from the instrument ; and that techincal words, if there were any to encounter such intention, (and there were not in this case) should... | |
 | William Selwyn - 1817 - 728 Seiten
...desirous of quitting, and should give six months notice thereof, before the expiration of the three first years, then, from and after the expiration of the...give way to that intention : that it was impossible to read this lease, without seeing, that the parties intended, that the tenant should do every thing... | |
 | William Selwyn - 1817 - 728 Seiten
...months' notice, expiring with the first three years, was not sufficient for that purpose; Lord Kenyonj CJ observing, that it had frequently been said, and...give way to that intention : that it was impossible to read this lease, without seeing, that the parties intended, that the tenant should do every thing... | |
 | William Woodfall - 1822 - 722 Seiten
...time in which the intent of the transaction required their performance. — Conditions therefore are to be construed to be either precedent or subsequent,...the parties to be collected from the instrument, and technical words should give way to that intention (<.•). (o) Ecclctton v. Clipiham. I Saund. 153.... | |
 | Sir John Comyns - 1822 - 652 Seiten
...sense of the case. 6 TR 570. 7 TR 125. — 3. So that in construction, conditions are to be taken as precedent or subsequent, according to the fair intention...parties, to be collected from the instrument ; and technical words, encountering such intention, must yield to it. 6 TR 668. — 4. The following are... | |
 | William Selwyn - 1824 - 768 Seiten
...expiration of the first three or five years, then, from and after the expiration of the first three or five years, and payment of all rents, and performance of...give way to that intention : that it was impossible to b Thomtu v. Cadwallader, WUles, 496. affirming judgment of CB 6T. R. c Porter v. Shepherd, BRE 36... | |
 | Francis Ludlow Holt - 1824 - 680 Seiten
...such Storerr. contracts, conditions are to be taken as precedent, subsequent, or Gordonindependent, according to the fair intention of the parties ; (to be collected from the instrument) and technical words, encountering such intention, must yield to it. (c) Thus where, by charter-party (a)... | |
 | Vermont. Supreme Court - 1837 - 534 Seiten
...page 668, Lord Kenyon is represented as saying — " It has frequently been said, that conditions are to be construed to be either precedent or subsequent,...the instrument; and that technical words (if there be any to encounter that intention) should give way to that intention." Again, in 3d John. Rep., Jackson... | |
 | Great Britain. Court of Common Pleas - 1838 - 338 Seiten
...Kenyan, CJ—" It has frequently been said, and common sense seems to justify it, that conditions are to be construed to be either precedent or subsequent,...the instrument, and that technical words (if there be any to encounter such intention, and there are none in this case,) should give way to that intention."... | |
 | Solomon Atkinson - 1839 - 708 Seiten
...Lord Kenyon in one case, " aud common sense seems to justify it, that conditions are to be construed either precedent or subsequent, according to the fair...the instrument; and that technical words (if there be any to encounter such intention) should give way to that intention 1." The question always is, whether... | |
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