The Law of Contracts, 3권Little, Brown, 1866 |
도서 본문에서
100개의 결과 중 1 - 5개
61 페이지
... claim , which is enforceable at law , lie , for a long period , not only unpaid , but uncalled for . This im- probability the common law recognized ; and when the claim was old enough , it considered the improbability too strong to be ...
... claim , which is enforceable at law , lie , for a long period , not only unpaid , but uncalled for . This im- probability the common law recognized ; and when the claim was old enough , it considered the improbability too strong to be ...
62 페이지
... claim , whether paid or not , and not merely on ( b ) Bland v . Haselrig , 2 Vent . 151 ; Dickson v . Thompson , 2 Show . 126 ; Lacon v . Briggs , 3 Atk . 105 ; Bass v . Smith , 12 Vin . Abr . 229 , pl . 4 ; Owen v . Wolley , Bull ...
... claim , whether paid or not , and not merely on ( b ) Bland v . Haselrig , 2 Vent . 151 ; Dickson v . Thompson , 2 Show . 126 ; Lacon v . Briggs , 3 Atk . 105 ; Bass v . Smith , 12 Vin . Abr . 229 , pl . 4 ; Owen v . Wolley , Bull ...
77 페이지
... claim against the earlier items of A's , out of which arises a new consideration for the payment of the balance , and takes the ease out of the operation of the statute of limitations , notwithstanding the provis- ions of Lord ...
... claim against the earlier items of A's , out of which arises a new consideration for the payment of the balance , and takes the ease out of the operation of the statute of limitations , notwithstanding the provis- ions of Lord ...
88 페이지
... claim for money , and for the redress of every breach of contract not under seal , with actions of account , which lie only in a few special cases ; it may reasonably be con- ceived that the legislature had in contem- plation to except ...
... claim for money , and for the redress of every breach of contract not under seal , with actions of account , which lie only in a few special cases ; it may reasonably be con- ceived that the legislature had in contem- plation to except ...
91 페이지
... claim on a co - surety , for contribution , it does not begin when he begins to pay , but only when his payments first amount to more than his share . ( e ) So in a contract of indemnity ; the six years begin only with the actual ...
... claim on a co - surety , for contribution , it does not begin when he begins to pay , but only when his payments first amount to more than his share . ( e ) So in a contract of indemnity ; the six years begin only with the actual ...
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기타 출판본 - 모두 보기
자주 나오는 단어 및 구문
acceptance acknowledgment action agent agreed agreement amount assignees assumpsit authority Bank bankrupt law bankruptcy Barb bill of exchange Bing bond breach cent cited claim clause common law compensation Conn consideration considered contract conveyance court of equity covenant Cowen creditor damages debt debtor decree defendant defendant's delivered delivery discharge doctrine effect enforced evidence Exch execution fendant give given ground held indorsed injury insolvent insolvent laws instrument Johns judgment jury land legal interest liable lien liquidated damages loan Lord Lord Ellenborough Lord Mansfield ment mortgage opinion owner paid party payable payment penalty person Pick plaintiff principle promise to pay promissory note purchaser question reason received recover rule Sandf Smith sold specific performance stamp duty statute of frauds statute of limitations sufficient tion tract transaction usurious vendee vendor void Wend words
인기 인용구
183 페이지 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
184 페이지 - But, on the other hand, if these special circumstances were wholly unknown to the party breaking the contract, he at the most, could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract.
184 페이지 - Now, if the special circumstances under which the contract was actually made were communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
4 페이지 - ... 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.
238 페이지 - The principle is believed to be universal, that a prior lien gives a prior claim, which is entitled to prior satisfaction, out of the subject it binds, unless the lien be intrinsically defective, or be displaced by some act of the party holding it which shall postpone him in a Court of law or equity to a subsequent claimant.
535 페이지 - If a contract on that subject can be gathered from the charter, it must be by implication, and cannot be found in the words used. Can such an agreement be implied? The rule of construction before stated is an answer to the question. In charters of this description no rights are taken from the public, or given to the corporation, beyond those which the words of the charter, by their natural and proper construction, purport to convey.
56 페이지 - ... 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...
32 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...
24 페이지 - Whenever the main purpose and object of the promisor is not to answer for another, but to subserve some pecuniary or business purpose of his own, involving either a benefit to himself or damage to the other contracting party, his promise is not within the statute, although it may be in form a promise to pay the debt of another, and although the performance of it may incidentally have the effect of extinguishing that liability.
548 페이지 - It is probable, that interferences of more frequent occurrence, to which the temptation was stronger, and of which the mischief was more extensive, constituted the great motive for imposing this restriction on the state legislatures. But although a particular and a rare case may not, in itself, be of sufficient magnitude to induce a rule, yet it must be governed by the rule, when established, unless some plain and strong reason for excluding it can be given.