 | Massachusetts, William Charles White - Law - 1811 - 214 pages
...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,...the instrument ; and that technical words, if there were any to encounter such intention, (and there were not in this case) should give way to that intention... | |
 | William Selwyn - Nisi prius - 1812 - 700 pages
...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 - Nisi prius - 1817 - 728 pages
...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,...the instrument; and that technical words, if there were any to encounter such intention, (and there were not in this case) should give way to that intention... | |
 | William Woodfall - Landlord and tenant - 1822 - 722 pages
...of 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 - Digests, etc - 1822 - 652 pages
...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... | |
 | Francis Ludlow Holt - Maritime law - 1824 - 680 pages
...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)... | |
 | Great Britain. Court of Common Pleas - Law reports, digests, etc - 1838 - 338 pages
...Shepard (n), by Lord Kenyan, CJ—" It has frequently been said, and common sense seems to justify it, that conditions are to be construed to be either precedent...that technical words (if there be any to encounter such intention, and there are none in this case,) should give way to that intention." No person would... | |
 | Solomon Atkinson - Conveyancing - 1839 - 708 pages
...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...that technical words (if there be any to encounter such intention) should give way to that intention 1." The question always is, whether the thing is... | |
 | Charles Abbott (Baron Tenterden) - Maritime law - 1846 - 1088 pages
...performance of the contract by the other, or an independent covenant, is a question to be determined according to the fair intention of the parties, to be collected from the language by them (A). (1) An intention to make any particular stipulation a condition precedent should... | |
 | Charles Abbott (Baron Tenterden) - Maritime law - 1856 - 996 pages
...performance of the contract by the other, or an independent covenant, is a question to be determined according to the fair intention of the parties, to be collected from the language employed by them (r). An intention to make any particular stipulation a condition precedent... | |
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conditions are to be construed to be either precedent or subsequent according to the fair intention of the parties, to be collected from the instrument ; and technical words (if there be any to encounter such intention) should give way to that intention. 
