The Law of Contracts, 3±ÇLittle, Brown, 1866 |
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9 ÆäÀÌÁö
... execution of the instrument on the ground that. of frauds to charge the vendor . And Lord Ellenborough said : " I ... executed cy pres ; that is , a new agreement is to be made between the parties . " And see note to Sweet v . Lee , 3 Man ...
... execution of the instrument on the ground that. of frauds to charge the vendor . And Lord Ellenborough said : " I ... executed cy pres ; that is , a new agreement is to be made between the parties . " And see note to Sweet v . Lee , 3 Man ...
10 ÆäÀÌÁö
Theophilus Parsons. ing the execution of the instrument on the ground that it wants the signature of the other party . ( m ) The signature may be made by an agent ; ( n ) and the agent may write his own name instead of his principal's ...
Theophilus Parsons. ing the execution of the instrument on the ground that it wants the signature of the other party . ( m ) The signature may be made by an agent ; ( n ) and the agent may write his own name instead of his principal's ...
23 ÆäÀÌÁö
... execute a bail bond in an action by the plaintiff against one Flack , in consideration that the plaintiff would not cause ... execution at the suit of the plaintiff , in consideration of his son's being discharged out of custody with the ...
... execute a bail bond in an action by the plaintiff against one Flack , in consideration that the plaintiff would not cause ... execution at the suit of the plaintiff , in consideration of his son's being discharged out of custody with the ...
30 ÆäÀÌÁö
... executed ; where- upon the marriage took effect . To this bill the defendant pleaded the statute of frauds . And the ... execute them . " ( m ) Seagood v . Meale , Prec . in Ch . 560 ; Wankford v . Fortherly , 2 Vern . 322 ; Bird v ...
... executed ; where- upon the marriage took effect . To this bill the defendant pleaded the statute of frauds . And the ... execute them . " ( m ) Seagood v . Meale , Prec . in Ch . 560 ; Wankford v . Fortherly , 2 Vern . 322 ; Bird v ...
33 ÆäÀÌÁö
... execution , & c . The statute of frauds takes things as it finds them ; and provides for lands and goods , according as they were so esteemed before its enactment . In this way the question may be satisfactorily decided . If , before ...
... execution , & c . The statute of frauds takes things as it finds them ; and provides for lands and goods , according as they were so esteemed before its enactment . In this way the question may be satisfactorily decided . If , before ...
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action agent agreed agreement amount apply assignees assumpsit authority Bank bankrupt law bankruptcy Barb bill Bing breach cent choses in action cited claim common law compensation consideration contract conveyance court of equity covenant creditors damages debt debtor decree deed defendant delivered delivery discharge doctrine effect enforce England evidence execution give given grant ground held indorsed injury insolvent laws instrument interest Johns judgment jury land lease liable lien loan Lord Lord Chancellor Lord Eldon matter ment mortgage opinion owner paid party payable payment penalty person plaintiff possession principle promise promissory note prove purchaser purpose question reason received recover remedy require rule rupt Sandf Smith sold specific performance stamp duty statute of frauds statute of limitations tion tract transfer trustee unstamped usury vendee vendor void Wend Wheat
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183 ÆäÀÌÁö - ... 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 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.
238 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 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...
32 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...
24 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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.