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according agreement alteration ambiguity appears applied appointment assigns Beav body child cited clause common condition consideration considered construction construed contained contract convey conveyance Court covenant created daughter death deed default defendant died easement effect eldest entitled evidence executed executors express gift give given grant grantor habendum heirs held husband implied intention interest issue joint land latter lease limitation Litt living Lord male manor marriage meaning ment nature operative paid particular parties pass payment performance person plaintiff portions possession premises provision purchase question recital reference remainder rent rule says separate settled settlement share simple Smith statute tail taken tenants term thing tion took trust twenty-one vested whole wife words younger
Page 420 - If a [ * 449] 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, 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 431 - 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 109 - For the purpose of determining the object of a testator's bounty, or the subject of disposition, or the quantity of interest intended to be given by his will, a Court may inquire into every material fact relating to the person, who claims to be interested under the will, and to the property, which is claimed as the subject of disposition and to the circumstances of the testator and of his family and affairs ; for the purpose of enabling the Court to identify the person or thing intended by the testator,...
Page 97 - ... as by the known usage of trade, or the like, acquired a peculiar sense, distinct from the popular sense of the same words...
Page 452 - Brook and his heirs and against all and every other person or persons whatsoever lawfully claiming or to claim by, from or under him, them or any of them Shall and Will Warrant and forever Defend by these presents.
Page 431 - The distinction is very clear: where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other; but where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 142 - Ambiguitas patens is never holpen by averment, and the reason is, because the law will not couple and mingle matter of specialty, which is of the higher account, with matter of averment, which is of inferior account in law...
Page 60 - ... evidence of custom and usage is admissible to annex incidents to written contracts in matters with respect to which they are silent. The same rule has also been applied to contracts in other transactions of life in which known usages have been established and prevailed. And this has been done upon the principle of presumption, that in such transactions the parties did not mean to express in writing the whole of the contract by which they intended to be bound, but a contract with reference to...
Page 183 - The other rule means, that if it stand doubtful upon the words whether they import a false reference or demonstration, or whether they be words of restraint that limit the generality of the former words, the law will never intend error or falsehood.
Page 210 - The rule of the common law on this subject is well settled. The principle is that where the owner of two tenements sells one of them, or the owner of an entire estate sells a portion, the purchaser takes the tenement, or portion sold, with all the benefits and burdens which appear at the time of the sale, to belong to it, as between it and the property which the vendor retains.