Contract performable at different periods. - Effect of non-performance, and of over-performance. - If the one party repudiate, is the other free? - Whether irritancy implied by failing to perform at the day. - Effect of improper performance. - Contract for mariners wages. - Contract between master and servant. - Contract of affreightment. - Contract not signed by all parties. - Obligation ad factum pręstandum.
Drummond v. Creditors of Daes
Date: 26 July 1729 Case No. No 29.
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Failure of performance in a mutual contract, implies no irritancy, nor is any ground for voiding the contract, but only for damage; and therefore the mora is still purgeable.—See Appendix.
