темей Iordage & Cole. Hole by Sargt: stillames, Rules for distinguishing bet defs. I index covenants D. 5 faday be appointed for payment of ocheract, and or for doing anyon haffen, or entail does happen, before the thing and the day of which is the coused coused of ite other act moneyor is to be performed, anvation may be brought for the money or for not doing such other ail before performance; for it appears that the Jaily relied upon his remedy, I did not intend to make the performance frecedent 2 But when a bc is to be a coud. no оно aday is appointed for ite payment of money be and the day is to happen afele the thing which is the cousin The money Dation can be maintained for the money de 3 there a Rovenant goes only to fart give before you you performance. consid on boch sidso, I a breach of such cov. may be paid for indef cook an action, in dan damages, It is an may be maintained for breach of f cow. on the fact of aft. without averring perform in the defiedration 4 But where the mutual covenants go to The whole cousid on both sides, they are mutual conditions, & performance must be (4 averred. I 6 where two acts are to be done at the same time, as where a covenants to convey an estate to Bon such a day, I in consid there of B covenants to pay a a sum of money on the sameday, neither can maintain an action without showing perform. f. or an offer to performe his part, though it is not curtain which of there is obliged to do the first act; and this particularly apperes to all cases z sale |