A Selection of Cases on the Law of Contracts, Volume 2 |
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Results 1-5 of 70
Page 1011
... tender of doing it in that place is a sufficient performance of the condition . " And then he gives illustrations which I need not stop to read . The law is laid down in the same way in a recent text - book , to which I refer , not as ...
... tender of doing it in that place is a sufficient performance of the condition . " And then he gives illustrations which I need not stop to read . The law is laid down in the same way in a recent text - book , to which I refer , not as ...
Page 1013
... tender a horse ; but Hull having removed , he was unable to make the tender . Subsequently on being apprized that the contract had been transferred to the plaintiff , the defendant went to him and tendered a horse in satisfaction ...
... tender a horse ; but Hull having removed , he was unable to make the tender . Subsequently on being apprized that the contract had been transferred to the plaintiff , the defendant went to him and tendered a horse in satisfaction ...
Page 1014
... tender is said to have been made shortly before , so that at least eight months had elapsed before the tender was made . The plaintiff was not bound to accept ; and a new trial must therefore be granted . Motion granted . MCNITT 7 ...
... tender is said to have been made shortly before , so that at least eight months had elapsed before the tender was made . The plaintiff was not bound to accept ; and a new trial must therefore be granted . Motion granted . MCNITT 7 ...
Page 1015
... tender which of them he would , but that after the day of payment , and no tender made , the obligee had his election to demand which he would . But Brian , J. , admitted , that if a man be bound to pay £ 20 at Easter , or £ 10 at ...
... tender which of them he would , but that after the day of payment , and no tender made , the obligee had his election to demand which he would . But Brian , J. , admitted , that if a man be bound to pay £ 20 at Easter , or £ 10 at ...
Page 1030
... tender , and the other a payment be Danofor a tender ; for transferring in the first bargain was a condi- ord , tion precedent ; and though there be mutual promises , yet if one thing be the consideration of the other , there a perform ...
... tender , and the other a payment be Danofor a tender ; for transferring in the first bargain was a condi- ord , tion precedent ; and though there be mutual promises , yet if one thing be the consideration of the other , there a perform ...
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Common terms and phrases
accept accord and satisfaction according affirmed aforesaid agreed agreement alleged amount appears assigns assumpsit authority 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 excuse execution executors fact fendant Gebhart ground held illegal instalments intention interest iron joinder joint judgment June jury land letters patent liability liquidated damages Lord marriage ment mentioned months non-performance notice obligation opinion paid parties payable payment performance person 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 1751 - ... 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 1312 - ... 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 1288 - ... 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 1440 - 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 1513 - 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 1434 - Term, the following appeared to be the facts of the case: The plaintiff...