A Treatise on the Specific Performance of ContractsW.C. Little & Company, 1884 - 804ÆäÀÌÁö |
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xli ÆäÀÌÁö
... Purchaser insisting on the contract , there being no condition for compensation . Purchaser may take all that vendor has The principle stated by Lord Eldon ...... . Illustrations of the principle ...... Modern application of the ...
... Purchaser insisting on the contract , there being no condition for compensation . Purchaser may take all that vendor has The principle stated by Lord Eldon ...... . Illustrations of the principle ...... Modern application of the ...
xlii ÆäÀÌÁö
... Purchaser defendant ... Reference in general terms . Purchaser's costs disallowed ... Vendor cannot except to the title Purchaser plaintiff ..... In respect of what contracts the right exists Where reference not directed ... Vendor ...
... Purchaser defendant ... Reference in general terms . Purchaser's costs disallowed ... Vendor cannot except to the title Purchaser plaintiff ..... In respect of what contracts the right exists Where reference not directed ... Vendor ...
xliii ÆäÀÌÁö
... purchaser's own act .. Pleading waiver ...... Reference - at what stage directed 616 616 616 616 616 617 617 618 . 618 . 618 618 619 619 620 620 621 621 621 Practice of the court of chancery .. i . At the hearing ..... ii On motion ...
... purchaser's own act .. Pleading waiver ...... Reference - at what stage directed 616 616 616 616 616 617 617 618 . 618 . 618 618 619 619 620 620 621 621 621 Practice of the court of chancery .. i . At the hearing ..... ii On motion ...
xliv ÆäÀÌÁö
... Purchaser's obligations 634 Purchaser a constructive trustee . 634 Liens ..... 635 Transfer of possession 635 Estate and price , rents and interest , mutually exclusive . 635 Application of the general principles .. 636 Division of the ...
... Purchaser's obligations 634 Purchaser a constructive trustee . 634 Liens ..... 635 Transfer of possession 635 Estate and price , rents and interest , mutually exclusive . 635 Application of the general principles .. 636 Division of the ...
xlv ÆäÀÌÁö
... purchaser . Possession of vendor accidental ... Purchaser the cause of the mischief . Vendor in personal occupation .. Purchaser in default .... Income tax a just allowance . 2. Where the purchaser is in possession , Purchaser in ...
... purchaser . Possession of vendor accidental ... Purchaser the cause of the mischief . Vendor in personal occupation .. Purchaser in default .... Income tax a just allowance . 2. Where the purchaser is in possession , Purchaser in ...
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acceptance action for specific agent agreed agreement alleged ance ascertained assigned Barb Beav bill binding breach chattels circumstances claim common law compel compensation condition considered convey conveyance court of chancery court of equity covenant damages decree deed defendant doctrine Eastern Counties Railway entered entitled execution fact formance grant ground held House of Lords infra injunction interest J. J. Marsh Jones jurisdiction L. J. Ch land lease lessee liquidated damages Lord Cottenham Lord Cranworth Lord Eldon Lord Romilly ment mistake N. J. Eq notice objection paid Paige parol evidence party payment person plaintiff possession principle purchase money question Railway reference relief remedy rent rescind rule Smith sold specific performance specifically enforced Statute of Frauds stipulation subsequent sufficient suit supra tenant tion tract trustee vendee vendor
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549 ÆäÀÌÁö - A mandamus or an injunction may be granted or a receiver appointed by an interlocutory Order of the Court in all cases in which it shall appear to the Court to be just or convenient that such Order should be made...
692 ÆäÀÌÁö - ... all such remedies whatsoever as any of the parties thereto may appear to be entitled to in respect of any and every legal or equitable claim properly brought forward by them respectively in such cause or matter; so that, as far as possible, all matters so in controversy between the said parties respectively may be completely and finally determined, and all multiplicity of legal proceedings concerning any of such matters avoided.
111 ÆäÀÌÁö - ... that where such an agreement is made, it is competent to show that one or both of the contracting parties were agents for other persons, and acted as such agents in making the contract, so as to give the benefit of the contract on the one hand to, and charge with liability on the other, the unnamed principals; and this, whether the agreement be or be not required to be in writing by the statute of frauds; and this evidence in no way contradicts the written agreement.
308 ÆäÀÌÁö - Any contract which, if made between private persons, would be by law required to be in writing and...
341 ÆäÀÌÁö - Every prospectus of a company and every notice inviting persons to subscribe for shares in any joint stock company, shall specify the dates and the names of the parties to any contract entered into by the company or the promoters, directors, or trustees thereof before the issue of such prospectus or notice, whether subject to adoption by the directors...
168 ÆäÀÌÁö - Under a contract to grant or assign a term of years, whether derived or to be derived out of a freehold or leasehold estate, the intended lessee or assign shall not be entitled to call for the title to the freehold.
375 ÆäÀÌÁö - No doubt but this court has jurisdiction to relieve in respect of a plain mistake in contracts in writing as well as against frauds in contracts; so that if reduced into writing contrary to the intent of the parties, on proper proof, that would be rectified.
382 ÆäÀÌÁö - Private right of ownership is a matter of fact ; it may be the result also of matter of law, but if parties contract under a mutual mistake and misapprehension as to their relative and respective rights, the result is that the agreement is liable to be set aside as having proceeded upon a common mistake.
636 ÆäÀÌÁö - To me it seems manifestly unjust and inequitable thus to appropriate to one man the property and money of another, who is in no default. The argument, I am aware, is that the moment the house is built it belongs to the owner of the land by mere operation of law ; and that he may certainly possess and enjoy his own. But this is merely stating the technical rule of law, by which the true owner seeks to hold what, in a just sense, he never had the slightest title to, that is, the house.
682 ÆäÀÌÁö - Partner in a House actually carrying on Business in the United Kingdom or in some other Place within Her Majesty's Dominions...