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" In pleading the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance ; but it may be stated generally that the party duly performed all the conditions on his part... "
The Code of Procedure of the State of New York: As Amended by the ... - Page 66
by New York (State), Henry Strong McCall - 1851 - 204 pages
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Reports of Cases Argued and Determined in the Superior Court of the City of ...

New York (State). Superior Court (New York), Joseph S. Bosworth - 1859 - 756 pages
...the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance ; but it may be stated generally...party duly performed all the conditions on his part." It seems to me the most reasonable construction of this section to say that, "party " here means the...
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General Laws of the Territory of Kansas

Kansas - 1859 - 728 pages
...In pleading the performance of conditions precedent in a contract, it shall be sufficient to state that the party duly performed all the conditions on...such allegation be controverted, the party pleading must establish, on the trial, the facts showing such performance. «M oMet-o<rto SEC. 132. In an action,...
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Reports of Practice Cases, Determined in the Courts of the State ..., Volume 8

1859 - 616 pages
...1 HO/HP., 43. 4. It teemx, that the word party, in the provision of section 162 of the Code, that " it may be stated generally that the party duly performed all the conditions on his part," means the person or persons by whom the conditions were to be performed, and the plaintiff in the suit,...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California - 1860 - 388 pages
...the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance ; but it may be stated generally...allegation be controverted, the party pleading shall establish on the trial the facts showing such performance. 1. When the declaration states a condition...
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Session Laws

North Dakota - 1862 - 640 pages
...jurisdiction. Performance of SECT. 118. In pleading the performance of conditions preccomtiuons, how " ' r party duly performed all the conditions on his part...such allegation be controverted, the party pleading must establish, on the trial, the facts showing such performance. SECT. 119. In an action, counter...
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The Civil Practice Act of the State of California: As Amended, with Notes ...

California - 1863 - 774 pages
...precedent in a contract, it shall not be necessary to state the facts showing such performance ; hut it may be stated generally that the party duly performed...allegation be controverted, the party pleading shall establish, on the trial, the facts showing such performance. XY Code, ^ 162. 1. Performance of conditions...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volume 37

New York (State). Supreme Court, Oliver Lorenzo Barbour - 1863 - 720 pages
...the performance of a condition precedent in a contract, it shall not be necessary to state the facts showing such performance, but it may be stated generally...party duly performed all the conditions on his part," &c. The conditions here referred to are conditions stated in the contract to be performed on the one...
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Statutes at Large of the State of New York: Comprising the Revised ..., Volume 5

New York (State) - 1863 - 1026 pages
...conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made. If such allegation be controverted, the party pleading...shall be bound to establish on the trial, the facts conferring jurisdiction. 16 N. Y, 427; 22 B., 370; 18 B., 261; 9 B., 382; 13 How. P. R^ 588; 13 Ab.,...
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Laws of the Territory of Idaho

Idaho (Ter.) - 1864 - 762 pages
...the performance of conditions precedent in a contract, it shall not be necessary to state the facts showing such performance; but it may be stated generally,...allegation be controverted, the party pleading shall establish on the trial the facts showing such performance. SEC. 62. In an action for libel or slander,...
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Laws of the Territory of Idaho

Idaho - 1864 - 734 pages
...in a contract, it shall not be necessary to state the facts showing such performance; but it maybe stated generally, that the party duly performed all the conditions on his part; aud if such allegation be controverted, the party pleading shall establish on the trial the facts showing...
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