Selections from Leake's Elements of the Law of Contracts and Finch's Cases on Contracts (Volume 2) - Softcover
Synopsis
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. 1891 edition. Excerpt: ... realm of England; the debtor is not bound to go abroad to seek his creditor, and if the creditor by going abroad prevents the tender being made to him, the debtor is excused (d). But in the case of a foreign contract,the performance of which is not so restricted, the fact of the creditor being abroad is no excuse for the debtor not tendering to him the performance which he has stipulated for (e). Thus, where the defendant being indebted to the plaintiff, a foreigner resident abroad, in a debt contracted abroad, made a deed of composition with his creditors whereby he undertook to pay a certain composition in the pound to his creditors, it was held that he was not excused from tendering the amount of the composition to the plaintiff by reason of the plaintiff being resident abroad (f). Tender......................... 914 How Tender may be made...... 918 Plea of Tender.................. 915 Amount to be tendered.......... 919 Continued Readiness to pay...... 915 Tender mustbe unconditional.... 920 Payment of Sum into Court..... 916 To and by whom Tender may be When Tender may be made...... 916 made....................... 921 Tender.----Where the performance of the contract is dependent upon some act of the promisee and cannot be completed without his con (a) Reynolds v. Davies, 1B. dz P. 625; c) Cranley v. Hillary, 2 M. & S. 120. Turner v. Hayden, 4 B. & C. 1; per d) Co. Litt. 210 b.; Shepp. Touch. Parke, B., Poole v. Tumbrtdge, 2 M. & 378' and see Fessard v. Mugnier, 18 C. W. 223, 225; Price v. Price, 10 M. a B. ii. s. 286; 34L. J. 0. P. 125. W. 232, 242. (e) Fessard v. lllugnier, 18 C. B. N(b) As to the manner of accepting bills S. 286; 34 L. J. C-P. 125. payable at a particular place only, see 1 (f) 15. & 2 Geo. IV. c....
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