A Practical Treatise [o]f the Law of Vendors & Purchasers of Estates |
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Page viii
... Specific Performance I. With respect to the Vendor 154 • 173 ib . 182 11. With respect to the Agreement itself SECT . 3. Of the Remedics for a Breach of Contract 195 СНАР . CHAP . V. OF THE CONSIDERATION . SECT . 1. CONTENTS .
... Specific Performance I. With respect to the Vendor 154 • 173 ib . 182 11. With respect to the Agreement itself SECT . 3. Of the Remedics for a Breach of Contract 195 СНАР . CHAP . V. OF THE CONSIDERATION . SECT . 1. CONTENTS .
Page 39
... specific performance , a deposit be laid out in the public funds under the authority of the court , it will be binding on both vendor and vendee ; and , if laid out without opposition by the seller , it must be pre- sumed to be with his ...
... specific performance , a deposit be laid out in the public funds under the authority of the court , it will be binding on both vendor and vendee ; and , if laid out without opposition by the seller , it must be pre- sumed to be with his ...
Page 40
... specific performance is dismissed , the court cannot order the deposit to be returned : as that would be decreeing relief ( m ) . It is well settled , that assignees of a bankrupt are not bound to take what Lord Kenyon calls a damnosa ...
... specific performance is dismissed , the court cannot order the deposit to be returned : as that would be decreeing relief ( m ) . It is well settled , that assignees of a bankrupt are not bound to take what Lord Kenyon calls a damnosa ...
Page 75
... specific performance , and the plea was allow- ed ; because it ought to be such an agreement as specified the terms thereof , which this did not , though it was signed by the party ; for this mentioned not the sum that was to be paid ...
... specific performance , and the plea was allow- ed ; because it ought to be such an agreement as specified the terms thereof , which this did not , though it was signed by the party ; for this mentioned not the sum that was to be paid ...
Page 76
... performance be compelled on a note or letter , if any error or omission , however trifling , appear in the essential terms of the agreement . Thus in a case ( d ) ( I ) before Lord Hardwicke , the bill was brought to have a specific ...
... performance be compelled on a note or letter , if any error or omission , however trifling , appear in the essential terms of the agreement . Thus in a case ( d ) ( I ) before Lord Hardwicke , the bill was brought to have a specific ...
Contents
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A Practical Treatise [o]f the Law of Vendors and Purchasers of Estates Edward Burtenshaw Sugden No preview available - 2015 |
Common terms and phrases
9 Ves afterwards agent agreed appears assignment auction duty Ball and Beatty bankrupt bidder bind bound cestui que trust Chancellor chaser cited compel considered contract convey conveyance court of equity covenant creditors debts decided decree deed deemed defendant deposit devise Earl East entitled execution favour ground incumbrance intended interest judgment lands lease leasehold leasehold estate legal estate lien Lord Chancellor Lord Eldon Lord Ellenborough Lord Hardwicke Lord Redesdale Lord Rosslyn Lord Thurlow Lordship master ment mortgage notice observed opinion owner paid parol agreement parol evidence parties payment personal estate plaintiff possession purchase-money purchaser registered rent Rolls rule Scho seems seised sell seller settlement settlor Smith sold specific performance statute of frauds supra Taunt tenant Term Rep tion trustee unless valuable consideration vendor Vern Vide wife written agreement
Popular passages
Page 9 - ... any annuity or rent-charge shall, from and after the passing of this act, be granted for one or more life or lives...
Page 431 - where a man by deed or will charges or orders an estate to be sold for payment of debts generally, and then makes specific dispositions, the purchaser is not bound to see to the application of the purchasemoney : it is just the same as if the specific bequests were out of the will.
Page 51 - ... unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorised...
Page 389 - ... seised or possessed, in trust for him against whom execution is so sued, like as the sheriff or other officer might or ought to have done, if the said party against whom execution...
Page 442 - To obviate this difficulty, which frequently occurs, it might, perhaps, be advisable (instead of naming the trustees in the clause) to say, that the receipts " of the trustees or trustee, for the time being, acting in the execution of the trusts hereby created," shall be sufficient discharges.
Page 24 - ... sale, together with all charges attending the same, shall be made good by the defaulter,
Page 79 - ... shall be allowed to be good, except the buyer shall accept part of the goods so sold and actually receive the same, or give something in earnest to bind the bargain, or in part...
Page 218 - THURLOW said, that to set aside a conveyance, there must be an inequality, so strong, gross and manifest, that it must be impossible to state it to a man of common sense without producing an exclamation at the inequality of it (1).
Page 51 - ... all leases, estates, interests of freehold or terms of years, or any uncertain interest of, in, to or out of any messuages, manors, lands, tenements or hereditaments made or created by livery and seisin only, or by parol, and not put in writing and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, shall have the force and effect of leases or estates at will only...
Page 580 - June, no Writ of Fieri facias, or other Writ of Execution, shall bind the Property of the Goods against whom such Writ of Execution is sued forth, but from the Time that such Writ shall be delivered to the Sheriff...