Brenon Mfg. Co. v. Martin

Citations

• 27 N.M. 74
• 196 P. 172

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Covenants in a contract are to be construed to be either dependent or independent of each other according to the intention and understanding of the parties and the common sense of the case. . P. 77</p> <p>2. If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed, an action may be brought for the money, or for not doing such other act before performance; for it appears that the party relied upon his remedy, and did not intend to make the performance precedent; and so it is where no time is fixed for performance of that, which is the consideration of the money or other act. P. 78</p>