A Practical Treatise on the Law of Contracts: Not Under Seal; and Upon the Usual Defences to Actions ThereonS. Sweet, 1834 - 792ÆäÀÌÁö |
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2 ÆäÀÌÁö
... Court of Record . These obligations bind the land ( e ) ; their exist- ( b ) And perhaps this is its more correct meaning . See 3 Chit . Com . L. 2 ; per Perian , J. , in Sidenham & Worlington's Case , 2 Leon . 225 ; Johns . Dic . tit ...
... Court of Record . These obligations bind the land ( e ) ; their exist- ( b ) And perhaps this is its more correct meaning . See 3 Chit . Com . L. 2 ; per Perian , J. , in Sidenham & Worlington's Case , 2 Leon . 225 ; Johns . Dic . tit ...
9 ÆäÀÌÁö
... Court : The action doth not lie , for asseruit et publicavit do not make words that include a promise . It is not averred nor declared to whom the words were spoken , and it is not reason that the de- fendant should be bound by such ...
... Court : The action doth not lie , for asseruit et publicavit do not make words that include a promise . It is not averred nor declared to whom the words were spoken , and it is not reason that the de- fendant should be bound by such ...
12 ÆäÀÌÁö
... court decided Adams v . Lindsell on the ground that there was in that case a due acceptance within the prescribed period of the offer made . The principle seems to be , that a party is not bound simply by a mere offer not accepted ...
... court decided Adams v . Lindsell on the ground that there was in that case a due acceptance within the prescribed period of the offer made . The principle seems to be , that a party is not bound simply by a mere offer not accepted ...
21 ÆäÀÌÁö
... court for payment of a balance due on a partnership account ( t ) . But neither assumpsit nor debt can be sustained on the decree of the Court of Chancery for a specific sum of money , founded on equitable considerations only ( u ) ; or ...
... court for payment of a balance due on a partnership account ( t ) . But neither assumpsit nor debt can be sustained on the decree of the Court of Chancery for a specific sum of money , founded on equitable considerations only ( u ) ; or ...
27 ÆäÀÌÁö
... court in arrest of judgment , for a small fault in the declaration , which was overruled , and the plaintiff had judgment ( d ) . And where in an action of assumpsit it was alleged , that in consideration of 26s . 6d . paid , and 47 ...
... court in arrest of judgment , for a small fault in the declaration , which was overruled , and the plaintiff had judgment ( d ) . And where in an action of assumpsit it was alleged , that in consideration of 26s . 6d . paid , and 47 ...
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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
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514 ÆäÀÌÁö - 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.
514 ÆäÀÌÁö - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
560 ÆäÀÌÁö - ... 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...
307 ÆäÀÌÁö - ... 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...
68 ÆäÀÌÁö - ... 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.
240 ÆäÀÌÁö - ... 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...
57 ÆäÀÌÁö - ... 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...
127 ÆäÀÌÁö - 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.
634 ÆäÀÌÁö - Actions for Penalties, Damages, or Sums of Money given to the Party grieved by any Statute now or hereafter to be in force...
613 ÆäÀÌÁö - 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...