The Law of Contracts and Promises Upon Various Subjects and with Particular Persons: As Settled in the Action of Assumpsit ...A. Strahan, 1824 - 654페이지 |
도서 본문에서
100개의 결과 중 1 - 5개
1 페이지
... present work will treat only of agree- ments not under seal ; for in trade and commerce , as well as in the ordinary transactions of business between individuals , contracts and agreements are most commonly entered into either by word ...
... present work will treat only of agree- ments not under seal ; for in trade and commerce , as well as in the ordinary transactions of business between individuals , contracts and agreements are most commonly entered into either by word ...
17 페이지
... present case ; for in that case it was adjudged that the action would not lie , because the consideration was precedent to the promise , and because it was ex- ecuted and determined long before . But it was holden by all the Jus- tices ...
... present case ; for in that case it was adjudged that the action would not lie , because the consideration was precedent to the promise , and because it was ex- ecuted and determined long before . But it was holden by all the Jus- tices ...
23 페이지
... present Chap- ter to show , first , the general rule adopted in the construction of con- tracts and agreements ; secondly , what shall be deemed a penalty or stipulated damages for securing the performance of a contract ; thirdly , the ...
... present Chap- ter to show , first , the general rule adopted in the construction of con- tracts and agreements ; secondly , what shall be deemed a penalty or stipulated damages for securing the performance of a contract ; thirdly , the ...
32 페이지
... present case , unless the damages are to be considered as liquidated , and definitively ascertained by the parties themselves , the clause in the agreement means nothing . " But in the case of Errington v . Aynesly , ( s ) where a bond ...
... present case , unless the damages are to be considered as liquidated , and definitively ascertained by the parties themselves , the clause in the agreement means nothing . " But in the case of Errington v . Aynesly , ( s ) where a bond ...
37 페이지
... presents , for 190l . 18s . 9d . , pay- able four months after sight thereof ; and to secure the due acceptance and ... present , the law having , by positive rules , fixed the rate of interest , has bounded the measure of damages ...
... presents , for 190l . 18s . 9d . , pay- able four months after sight thereof ; and to secure the due acceptance and ... present , the law having , by positive rules , fixed the rate of interest , has bounded the measure of damages ...
자주 나오는 단어 및 구문
accept action for money action of assumpsit action of indebitatus action was brought afterwards agent agreed agreement amount annuity appeared assumpsit for money bankrupt bill of exchange bill of lading bond broker buyer Campb carrier common carrier common law consideration contract court of equity covenant Cowp creditor damages debt declared defendant defendant's delivery determined East Rep entitled to recover evidence expence feme covert fendant given held horse husband indebitatus assumpsit indorsement infant judgment jury King's Bench letter liable Lord Ellenborough Ch Lord Kenyon Ch Lord Mansfield marriage money paid nonsuit notice opinion parties partner partnership payment penalty perform plaintiff principal promise to pay promissory note proved purchase received recover back refused rent rule sell seller servant ship stamp statute of frauds Taunt Term Rep thereof trade transaction trial trover usury vendee vendor verdict Vide void warranty wife
인기 인용구
190 페이지 - The fourth section of the statute of frauds (a) 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 ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages, of another person...
456 페이지 - ... unless the agreement upon which such action shall be brought, or some memorandum or...
176 페이지 - 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 between him and the plaintiff, by accident, if I may say so.
344 페이지 - In one word, the gist of this kind of action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money'.
23 페이지 - ... the subject-matter, 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.
81 페이지 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
42 페이지 - ... if a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen before the thing which is the consideration of the money, or other act is to be performed, an action may be brought for the money, or for not doing such other act before performance ; for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent.
42 페이지 - Where a covenant goes only to part of the consideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant; and an action may be maintained for a breach of the covenant on the part of the defendant, without averring performance in the declaration.
587 페이지 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
587 페이지 - Lisbon (the Act of God, the Queen's Enemies, Fire, and all and every other Dangers and Accidents of the Seas, Rivers, and Navigation...