The Law of Contracts and Promises Upon Various Subjects and with Particular Persons: As Settled in the Action of Assumpsit ... |
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Page 17
... question ) , the defendant in consi- deration thereof promised the plaintiff , that if his wife did not pay the seven pounds , residue of the legacy in her life - time , he would pay it after his wife's death : It was also holden , that ...
... question ) , the defendant in consi- deration thereof promised the plaintiff , that if his wife did not pay the seven pounds , residue of the legacy in her life - time , he would pay it after his wife's death : It was also holden , that ...
Page 32
... question to be considered is , whether this is in the nature of liquidated damages or a penalty . When there is a penalty in the bond , it is strange that the sum mentioned in the condition should be called a penalty ; I do not know how ...
... question to be considered is , whether this is in the nature of liquidated damages or a penalty . When there is a penalty in the bond , it is strange that the sum mentioned in the condition should be called a penalty ; I do not know how ...
Page 51
... question was , whether it ought to have been stamped , as all agreements in writing are required to be by the 23 Geo . III . c . 58. " whether the writing be only evidence of the con- tract , or obligatory upon the parties from its ...
... question was , whether it ought to have been stamped , as all agreements in writing are required to be by the 23 Geo . III . c . 58. " whether the writing be only evidence of the con- tract , or obligatory upon the parties from its ...
Page 82
... question for the opinion of the Court was , whether this agreement was within the statute of frauds . Lord Mansfield held , upon the authority of the case just cited , that it was not within the statute . And Yates Just . said , " The ...
... question for the opinion of the Court was , whether this agreement was within the statute of frauds . Lord Mansfield held , upon the authority of the case just cited , that it was not within the statute . And Yates Just . said , " The ...
Page 84
... question is , whether this was a contract for goods , or for work and labour , and materials found ? I think it was the former ; and if so , it falls within the statute of frauds . " Upon the subject matter of the contract , it has ...
... question is , whether this was a contract for goods , or for work and labour , and materials found ? I think it was the former ; and if so , it falls within the statute of frauds . " Upon the subject matter of the contract , it has ...
Common terms and phrases
accept action for money action of assumpsit action of indebitatus action was brought afterwards agent agreed agreement amount annuity appeared assumpsit for money bankrupt bill of exchange bill of lading bond broker buyer Campb carrier common carrier common law consideration contract court of equity covenant Cowp creditor damages debt declared defendant defendant's delivery determined East Rep entitled to recover evidence expence feme covert fendant given held horse husband indebitatus assumpsit indorsement infant judgment jury King's Bench letter liable Lord Ellenborough Ch Lord Kenyon Ch Lord Mansfield marriage money paid nonsuit notice opinion parties partner partnership payment penalty perform plaintiff principal promise to pay promissory note proved purchase received recover back refused rent rule sell seller servant ship stamp statute of frauds Taunt Term Rep thereof trade transaction trial trover usury vendee vendor verdict Vide void warranty wife
Popular passages
Page 190 - The fourth section of the statute of frauds (a) enacts, that no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages, of another person...
Page 456 - ... unless the agreement upon which such action shall be brought, or some memorandum or...
Page 176 - The objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed : but it is founded in general principles of policy which the defendant has the advantage of, contrary to the real justice as between him and the plaintiff, by accident, if I may say so.
Page 344 - In one word, the gist of this kind of action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money'.
Page 23 - ... the subject-matter, as by the known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of the same words; or unless the context evidently points out that they must, in the particular instance and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.
Page 81 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Page 42 - ... 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 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 42 - 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 587 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Page 587 - Lisbon (the Act of God, the Queen's Enemies, Fire, and all and every other Dangers and Accidents of the Seas, Rivers, and Navigation...