A Selection of Cases on the Law of Contracts, Volume 2 |
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Results 1-5 of 94
Page 1007
... deliver plank upon a day certain , it would be a defence to the action , if the defendant was ready , and willing to deliver at the time agreed upon in the contract . See also Thaxton v . Edwards , 1 Stewart , 524 . The defendant ...
... deliver plank upon a day certain , it would be a defence to the action , if the defendant was ready , and willing to deliver at the time agreed upon in the contract . See also Thaxton v . Edwards , 1 Stewart , 524 . The defendant ...
Page 1013
... delivered to Daniel Hull , who subsequently transferred it , by delivery , to the plaintiff . The day after that specified for payment of the money or delivery of a horse , the defendant went in search of Hull to tender a horse ; but ...
... delivered to Daniel Hull , who subsequently transferred it , by delivery , to the plaintiff . The day after that specified for payment of the money or delivery of a horse , the defendant went in search of Hull to tender a horse ; but ...
Page 1024
... deliver B. a cow , and that for it B. recedent were to deliver him a horse , there the delivery of the cow would be a condition precedent , and therefore ought to be performed before A. can bring his action , and upon this diversity the ...
... deliver B. a cow , and that for it B. recedent were to deliver him a horse , there the delivery of the cow would be a condition precedent , and therefore ought to be performed before A. can bring his action , and upon this diversity the ...
Page 1031
... deliver , but the other only to accept ; to which Fortescue , J. , inclined . Sed per Pratt , C.J. The time for payment of the money is certain at all events ; but as for the delivery of the receipts , that was left uncertain , be ...
... deliver , but the other only to accept ; to which Fortescue , J. , inclined . Sed per Pratt , C.J. The time for payment of the money is certain at all events ; but as for the delivery of the receipts , that was left uncertain , be ...
Page 1032
... delivery or tender of the stock , and for this fault we are all of opinion the declaration is not good . The intent of the parties appears to be , that one should have the money , and the other the stock ; and not that either should ...
... delivery or tender of the stock , and for this fault we are all of opinion the declaration is not good . The intent of the parties appears to be , that one should have the money , and the other the stock ; and not that either should ...
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Common terms and phrases
accept accord and satisfaction according affirmed aforesaid agreed agreement alleged amount appears assigns assumpsit averred Bench bond bound breach breach of contract brought cargo cause of action charter-party cited claim condition precedent consideration contract conveyance Court covenant creditor damages debt debtor declaration deed default defendant defendant's delivered delivery demurrer discharge duress entered entitled equity evidence execution executors fact fendant Gebhart given ground held illegal instalments intention interest iron joinder joint judgment jury land letters patent liability liquidated damages Lord marriage ment mentioned months non-performance notice obligation opinion paid parties payable payment performance person plain plaintiff plaintiff in error plea pleaded promise purchase question ready reason received recover refused release rent Reported respect rule ship Stamp Brooksbank statute stipulation sum certain tender thereof thing tiff tion tons tract trial verdict vessel void
Popular passages
Page 1749 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 1161 - 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.
Page 1310 - ... reserving leave to the defendant to move to enter a nonsuit if the Court should be of opinion that the refusal by the plaintiffs to pay for the iron delivered amounted to an abandonment of the contract.
Page 1185 - ... in the absence of any express or implied warranty that the thing shall exist, the contract is not to be construed as a positive contract, but as subject to an implied condition that the parties shall be excused in case, before breach, performance becomes impossible from the perishing of the thing without default of the contractor.
Page 1172 - Martin, supra, we decided that, "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, ST 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...
Page 1286 - ... he keeps the contract alive for the benefit of the other party as well as his own. He remains subject to all his own obligations and liabilities under it, and enables the other party not only to complete the contract, if so advised, notwithstanding his previous repudiation of it, but also to take advantage of any supervening circumstances which would justify him in declining to complete it.
Page 1438 - That upon all debts or sums certain payable at a certain time, or otherwise, the jury, on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor, at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument, at a certain time...
Page 1511 - Suppose A owes B £100, and B owes C £100, and the three meet, and it is agreed between them that A shall pay C the £100, B's debt is extinguished, and C may recover that sum against A.
Page 1064 - And for the above services to be done and performed by the party of the second part the party of the first part agrees to pay the party of the second part...
Page 1432 - Term, the following appeared to be the facts of the case: The plaintiff...