These words, inserted in a stipulation to do an act or pay money, entitle the party stipulating to perform at any time before the day; and upon per- formance, or tender and refusal, he is immediately vested with all the rights which would have attached if performance were made on the day. Wall v. Simpson, 6 J. J. Marsh. (Ky.) 156, 22 Am. Dec. 72. Once a fraud, always a fraud. 13 Vin. Abr. 539.
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