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도서 Where articles contain covenants for the performance of several things, and then...에 대해 검색한 61개 도서 중 11 - 20
" Where articles contain covenants for the performance of several things, and then one large sum is stated at the end, to be paid upon breach of performance, that must be considered as a penalty. But where it is agreed that if a party do such a particular... "
The Punjab Record - 65 페이지
1871
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

1827
...considered as a penalty; and Mr. Justice Heath is reported to have laid down this principle, that " where articles contain covenants for the performance of...performance, that must be considered as a penalty." If that principle be correct, it decides the present question, and if then applicable, is still more...
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Reports of Cases Argued and Determined in the Court of Common Pleas, and ...

Peregrine Bingham - 1830
...general stipulation for liquidated damages in terms as strong as the present, and Heath J. said, " Where articles contain covenants for the performance of...performance, that must be considered as a penalty. But where it is agreed that if a party do such a particular thing, such a sum shall be paid by him, there...
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Reports of Cases Argued and Determined in the Courts of Common Pleas and ..., 3권

John Bayly Moore, Joseph Payne - 1831
...stated at the end to be paid upon breach of performance, that must be considered as a penalty. But, where it is agreed, that, if a party do such a particular...thing, such a sum shall be paid by him, then the sum stated may be treated as liquidated damages." That doctrine has been since recognized in a Court of...
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The law of pleading and evidence in civil actions: arranged ..., 1권

John Simcoe Saunders - 1831
...general principles in cases of this kind ; but I think there is one which may be safely stated. Where articles contain covenants for the performance of several things, and then one large r*1501 sum is stated at the end to be paid upon *breach of performance, that must be considered as...
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A Practical Treatise on the Law of Contracts: Not Under Seal; and Upon the ...

Joseph Chitty - 1834 - 863 페이지
...general principle in cases of this kind, but I think there is one which may be safely stated. Where articles contain covenants for the performance of...performance, that must be considered as a penalty. But where it is agreed that if a party do such a particular thing, such a sum shall be paid by him, there...
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A practical abridgment of American common law cases argued and ..., 3권

1834
...secured by a larger, it must alwayi be considered as a penalty, and not as liquidated damages ; or, where articles contain covenants for the performance of...then one large sum is stated at the end to be paid on breach of performance, that must be considered as a penalty. Doubted in Pierce v. Fuller, 8 Mass....
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A practical abridgment of American common law cases argued and ..., 4권

1835
...intended to be prohibitad, be done, that sum shall be construed to bo a penalty ; Per Lord Eldon, Id. But, where it is agreed that if a party do such a particular thing, such a sum shall be paid by him, there the sum stated may be'treated as liquidated damages ; Per Heath. J. Id. 353. In one ease, Orr...
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A Collection of Statutes Connected with the General Administration of ..., 3권

Great Britain, William David Evans, Anthony Hammond, Thomas Colpitts Granger - 1836
...principle in cases of this kind, but he thought there was one which might safely he stated ; that where articles contain covenants for the performance of...things, and then one large sum is stated at the end to he paid upon breach of performance, that must be considered as a penalty ; but where it is agreed that...
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Precedents in conveyancing: a collection of forms of assurances of real ..., 3권

Samuel Vallis Bone, Thomas George Western - 1839
...and that the verdict should stand." In the case cited HEATH J. said, " When articles contain certain covenants for the performance of several things, and...performance, that must be considered as a penalty. But when it is agreed that if a party fails to do such a particular thing, such a sum shall be paid by...
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Bingham's New Cases

Peregrine Bingham - 1839
...v. Weldon : " Where articles contain covenants for the performance of several 1839. BOYS v. ANCELL. things, and then one large sum is stated at the end...performance, that must be considered as a penalty. But where it -is agreed that if a party do such a particular thing, such a sum shall be paid by him, there...
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