A Treatise on the Validity of Verbal Agreements: As Affected by the Legislative Enactments in England and the United States, Commonly Called the Statute of Frauds, 1권

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J.D. Parsons, Jr., 1870 - 794페이지
In two volumes. Vol. 1.
 

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General classification of cases apparently or actually within
143
Rules by which to determine the validity of verbal prom
153
Where there was no antecedent liability of the third person and
155
A promise to pay the debt of another is not within the statute if its con
157
CHAPTER THIRD
159
Cases which are not within this clause of the statute because the terms
164
Where a liability for a third persons debt or default arises
171
Where a promise has been made to do some act tending
183
CHAPTER FIFTH
191
Origin of the rule English cases from which it is derived 211
211
English cases upon the question of credit to the third
219
American cases establishing and illustrating the general
228
How far the question whether the promise was original
241
Materiality of entries in the promisees books and of other
248
The same subject continued Application of the third rule to cases where
254
Where the promise is collateral because its language implied
261
Where a promisc is not within the statute although it
273
Cases which are not within the statute because the third person
278
Where the discharge of the third persons debt arose
284
The same subject continued Cases where the extinguishment of
318
2 Where the promisee discharged a levy upon the third persons goods
331
Where an abandonment of the third persons liability
337
2 How far the question is material in this description of cases
344
3 Cases where the new promise was in terms an assumption of
352
Where by consent of all the parties the third persons antece
360

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44 페이지 - ... 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 by him or her lawfully authorized.
38 페이지 - 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 ; or to charge any person upon any agreement made upon consideration of marriage...
41 페이지 - The fourth section enacts that after the date there mentioned "no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...
36 페이지 - Every contract for the leasing for a longer period than one year, or for the sale of any lands or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof, expressing the consideration, be In writing, and be subscribed by the party by whom the lease or sale is to be made.
55 페이지 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate...
56 페이지 - And by the seventeenth section of the same statute it is enacted, that " 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...
59 페이지 - An agreement that by its terms is not to be performed within a year from the making thereof ; 2.
57 페이지 - In the following cases every agreement shall be void unless such agreement, or some note or memorandum thereof, be in writing and subscribed by the party to be charged therewith : 1 . Every agreement that, by its terms, is not to be performed within one year from the making thereof.
50 페이지 - In the following cases specified in this section every agreement, contract and promise shall be void, unless such agreemerit, contract, or promise, or some note or memorandum thereof, be in writing, and signed by the party to be charged therewith, or by some person by him thereunto lawfully authorized, that is to say : 1. Every agreement that, by its terms, is not to be performed in one year from the making thereof.
27 페이지 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upward, 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 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.

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