A Practical Treatise on the Law of Contracts: Not Under Seal; and Upon the Usual Defences to Actions ThereonS. Sweet, 1834 - Počet stran: 792 |
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Strana xiv
... Debt 5. Release of the Claim by the Act of the Party , or by Operation of Law 1. Form and Effect of express Release 2. By whom executed 601 to 605 605 , 606 3. To whom executed 4. Of implied Releases ; or xiv ANALYSIS .
... Debt 5. Release of the Claim by the Act of the Party , or by Operation of Law 1. Form and Effect of express Release 2. By whom executed 601 to 605 605 , 606 3. To whom executed 4. Of implied Releases ; or xiv ANALYSIS .
Strana 16
... express or implied . " Express contracts , says Blackstone ( n ) , are where the terms of the agreement are openly uttered and avowed at the time of the making , as to deliver an ox , or ten loads of timber , or to pay a stated price ...
... express or implied . " Express contracts , says Blackstone ( n ) , are where the terms of the agreement are openly uttered and avowed at the time of the making , as to deliver an ox , or ten loads of timber , or to pay a stated price ...
Strana 17
... express and an implied promise . To enumerate all the decided cases in which promises have been implied from the acts of a party , would be a tedious and unprofitable task . Some few instances may perhaps be usefully mentioned . Where ...
... express and an implied promise . To enumerate all the decided cases in which promises have been implied from the acts of a party , would be a tedious and unprofitable task . Some few instances may perhaps be usefully mentioned . Where ...
Strana 18
... express stipulation inconsistent with , or excluding such usage . To be binding , such a usage must be uniform and universal ; and not merely the course of dealing at particular houses . It must be so universal , that every one in the ...
... express stipulation inconsistent with , or excluding such usage . To be binding , such a usage must be uniform and universal ; and not merely the course of dealing at particular houses . It must be so universal , that every one in the ...
Strana 20
... express dissent nor take her away , he is impliedly liable for the expenses . There are also cases , in which the law will imply a promise or contract to pay money , although in its origin the transaction was totally unconnected with ...
... express dissent nor take her away , he is impliedly liable for the expenses . There are also cases , in which the law will imply a promise or contract to pay money , although in its origin the transaction was totally unconnected with ...
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15 East accepted action agent agreed ante appeared assent assignees assumpsit bankrupt Baron and Feme bill bill of exchange binding Bing bound Camp charge Chit Chitty Pl cited common law considered court of equity covenant coverture creditor debt declaration deed defendant defendant's delivered demise discharge Dougl entitled equity executor express feme feme covert husband implied indorsed infant instrument Jones judgment landlord latter lease liable Lord Ellenborough Lord Tenterden marriage memorandum ment Moore necessary notice obligation paid parish parol parol evidence partner partnership party payment performance plaintiff principal promise to pay promissory note proved purchase Raym received recover rent rule seal seems Selw servant shew Smith stamp Stark Statute of Frauds stipulated Stra sufficient consideration surety Taunt tenant thereof third person tion unless vendee vendor void warranty wife words writing
Oblíbené pasáže
Strana 514 - The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed ; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as • VIP.V's representative. between him and the plaintiff, by accident, if I may so say.
Strana 514 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Strana 560 - ... no tradesman, artificer, workman, labourer, or other person whatsoever shall do or exercise any worldly labour, business or work of their ordinary callings, upon the Lord's Day, or any part thereof (works of necessity and charity only excepted...
Strana 307 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Strana 68 - ... as by the known usage of trade, or the like, acquired a peculiar sense, distinct from the popular sense of the same words ; or unless the context evidently points out that they must in the particular instance, and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.
Strana 240 - ... made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, shall have the force and effect of leases or estates at will only...
Strana 57 - ... or to charge any person upon any agreement made upon consideration of marriage; or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them...
Strana 127 - That no Action shall be maintained whereby to charge any Person upon any Promise made after full Age to pay any Debt contracted during Infancy, or upon any Ratification after full Age of any Promise or Simple Contract made during Infancy, 'unless such Promise or Ratification shall be made by some Writing signed by the Party to be charged therewith.
Strana 634 - Actions for Penalties, Damages, or Sums of Money given to the Party grieved by any Statute now or hereafter to be in force...
Strana 613 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...