A Selection of Cases on the Law of Contracts, 1±ÇSamuel Williston Little, Brown, 1903 - 728ÆäÀÌÁö |
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12 ÆäÀÌÁö
... intended only as preliminary negotiation . The question in such cases always is , Did they mean to contract by their correspondence , or were they only set- tling the terms of an agreement into which they proposed to enter after all its ...
... intended only as preliminary negotiation . The question in such cases always is , Did they mean to contract by their correspondence , or were they only set- tling the terms of an agreement into which they proposed to enter after all its ...
15 ÆäÀÌÁö
... to be observed by both . It is true , as found by the learned eferee , that the parties intended that the agreement should be form ally expressed in a single paper which , when signed SECT . I. ] 15 SANDERS v . FRUIT COMPANY .
... to be observed by both . It is true , as found by the learned eferee , that the parties intended that the agreement should be form ally expressed in a single paper which , when signed SECT . I. ] 15 SANDERS v . FRUIT COMPANY .
16 ÆäÀÌÁö
... intended that it should be put into another form , especially when their intention is made impossible by the act of one or the other of the parties by insisting upon the insertion of conditions and provisions not contemplated or ...
... intended that it should be put into another form , especially when their intention is made impossible by the act of one or the other of the parties by insisting upon the insertion of conditions and provisions not contemplated or ...
17 ÆäÀÌÁö
... intended to make and sign a final paper does not warrant the inter- ference that they also intended to make another and different agree- ment . The defendant is in no better position than it would be in case it had refused to sign the ...
... intended to make and sign a final paper does not warrant the inter- ference that they also intended to make another and different agree- ment . The defendant is in no better position than it would be in case it had refused to sign the ...
31 ÆäÀÌÁö
... intended to be perpetual , or to last ten or twenty years or more ; and therefore must have been understood to have some limit . It was insisted , in the argument , that it had no limit but the Statute of Limi- tations . But it is ...
... intended to be perpetual , or to last ten or twenty years or more ; and therefore must have been understood to have some limit . It was insisted , in the argument , that it had no limit but the Statute of Limi- tations . But it is ...
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acceptance agent agreed agreement alleged amount answer appears assent assignment assumpsit authority averred benefit bill binding bond bound brought cause of action chose in action cited claim contract court of equity covenant creditor debt debtor decision declaration deed defendant defendant's delivered delivery demurrer discharge enforced entered entitled equity evidence executed executors fact give ground held intended interest joinder joint judge judgment jury Justice land letter liability Lord Lord Mansfield Mass memorandum ment mortgage nonsuit obligation offer opinion paid parol party payment performance plaintiff plaintiff in error plea plea in abatement pleaded principle promise to pay purchase question reason received recover refused regard Reported request rule seal signed Smith sold Statute of Frauds Statute of Limitations sued sufficient consideration suit surety testator thereof third person tion trial trustee verdict writing
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478 ÆäÀÌÁö - June no contract for the sale of any goods, wares and merchandizes, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part of payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
261 ÆäÀÌÁö - A valuable consideration in the sense of the law may consist either in some right, interest, profit or benefit accruing to the one party, or some forbearance detriment, loss or responsibility given, suffered or undertaken by the other.
614 ÆäÀÌÁö - Every agreement, promise or undertaking is void, unless it or some note or memorandum thereof be in writing, and subscribed by the party to be charged therewith, or by his lawful agent, if such agreement, promise or undertaking: 1. By its terms is not to be performed within one year from the making thereof ; 2.
338 ÆäÀÌÁö - P. 249), and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended by some positive rule of law ; but can give no original right of action, if the obligation on which it is founded never could have been enforced at law, though not barred by any legal maxim or statute provision.
507 ÆäÀÌÁö - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith or some other person thereunto...
485 ÆäÀÌÁö - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
369 ÆäÀÌÁö - ... does not rest upon the ground of any actual or supposed relationship between the parties as some of the earlier cases would seem to indicate, but upon the broader and more satisfactory basis, that the law operating on the act of the parties creates the duty, establishes a privity, and implies the promise and obligation on which the action is founded.
524 ÆäÀÌÁö - ... be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering or declaring the same, or by his lawful agent, thereunto authorized by writing (3 RS 6 ed.
538 ÆäÀÌÁö - ... unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
148 ÆäÀÌÁö - But the doctrine has no place for application when the statement relates to rights depending upon contracts yet to be made, to which the person complaining is to be a party. He has it in his power in such cases to guard in advance against any consequences of a subsequent change of intention and conduct by the person with whom he is dealing.