A Selection of Cases on the Law of Contracts, Volume 2 |
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Results 1-5 of 74
Page 980
... present action was brought Duncan and another of the plaintiffs , and two other persons filed a bill in Chancery against all the other plaintiffs , to have the accounts taken under the authority of that Court , and to restrain the present ...
... present action was brought Duncan and another of the plaintiffs , and two other persons filed a bill in Chancery against all the other plaintiffs , to have the accounts taken under the authority of that Court , and to restrain the present ...
Page 990
... present action against the defendant upon his guarantee . The learned judge at the trial gave judgment for the plaintiff . J. E. Bankes and Æ . Mackintosh for the defendant . A. T. Lawrence for the plaintiff . LORD ESHER , M.R. In this ...
... present action against the defendant upon his guarantee . The learned judge at the trial gave judgment for the plaintiff . J. E. Bankes and Æ . Mackintosh for the defendant . A. T. Lawrence for the plaintiff . LORD ESHER , M.R. In this ...
Page 991
... present defendant . The check was not by itself a satisfaction of the debt . It was given by way of what has been styled a conditional payment . If the check had been paid , it woud have been payment of the debt on the guarantee , and ...
... present defendant . The check was not by itself a satisfaction of the debt . It was given by way of what has been styled a conditional payment . If the check had been paid , it woud have been payment of the debt on the guarantee , and ...
Page 992
... present defendant . If that had been the case here , I should have been bound by a technical rule of law which has existed so long that I must bow to it . But in the present case the plaintiff did not sue Thomas on the guarantee , but ...
... present defendant . If that had been the case here , I should have been bound by a technical rule of law which has existed so long that I must bow to it . But in the present case the plaintiff did not sue Thomas on the guarantee , but ...
Page 996
... presents . " And shall and will during the continuance of the term hereby demised well and sufficiently support , maintain ... present appeal ) , they claimed one year's rent due on September 29th , 1885 , and damages for breach of the ...
... presents . " And shall and will during the continuance of the term hereby demised well and sufficiently support , maintain ... present appeal ) , they claimed one year's rent due on September 29th , 1885 , and damages for breach of the ...
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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...