Reports of Cases Argued and Determined in the Court of King's Bench: With Tables of the Names of the Cases and the Principal Matters, Volume 5Saunders and Benning, 1835 - Law reports, digests, etc |
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Page 58
... contract for the one in writing ; and by the statute of frauds , in every action brought to charge a person on a contract for the sale of lands , the agreement must be in writing . Enel . Wich . 134 . 3 Voac . 116 . or or such of them ...
... contract for the one in writing ; and by the statute of frauds , in every action brought to charge a person on a contract for the sale of lands , the agreement must be in writing . Enel . Wich . 134 . 3 Voac . 116 . or or such of them ...
Page 61
... contract was entered into can- not be received to vary it , Meres v . Ansell ( b ) ; but here , the agreement in writing not being under seal , is a mere parol agreement , and being executory , it might , without any violation of the ...
... contract was entered into can- not be received to vary it , Meres v . Ansell ( b ) ; but here , the agreement in writing not being under seal , is a mere parol agreement , and being executory , it might , without any violation of the ...
Page 62
... contract for the sale of land , cannot be altered by matter not in writing ; but so far as it relates to making a ... contract ; such as an agreed substitution of other days than those stated in the contract for the delivery of goods ...
... contract for the sale of land , cannot be altered by matter not in writing ; but so far as it relates to making a ... contract ; such as an agreed substitution of other days than those stated in the contract for the delivery of goods ...
Page 63
... contract , but merely to modify one of the terms of it as to part of the property . The effect of the oral evidence is not to shew that the written contract was put an end to , or that the parties were restored to their original ...
... contract , but merely to modify one of the terms of it as to part of the property . The effect of the oral evidence is not to shew that the written contract was put an end to , or that the parties were restored to their original ...
Page 64
... contract , to deliver within the extended time , must then be proved partly by written , and partly by oral , evidence . Cur . adv . vult . DENMAN C. J. now delivered the judgment of the Court . By an agreement in writing , the ...
... contract , to deliver within the extended time , must then be proved partly by written , and partly by oral , evidence . Cur . adv . vult . DENMAN C. J. now delivered the judgment of the Court . By an agreement in writing , the ...
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Common terms and phrases
act of parliament action admitted aforesaid agreement annuity ants appear assigned ASSUMPSIT attorney award bankrupt bill bill of lading Bishop Wearmouth bond clause co-parceners Collard commissioners common contrà contract copyhold Court covenant creditor debt declaration deed defendant delivered delivery demise Denman C. J. devise discharged Doɛ emblements entitled evidence executors feoffment GALLINI grant ground heirs held Hilary term indenture Inhabit intention issue judgment jury justices KING Lade Bank land lease lessee lessor liable Littledale Lord Lord Tenterden manor matter Matthew Knight ment mentioned messuages occupied opinion order of removal owner paid parish Parke parties PATTESON pauper payment person plaintiff plea possession premises proprietor quashed question recover rent replevin rule seisin settlement shewed cause ship statute steward surrender surrenderee Taunton tenant tenements term testator thereof township trial vendee vendor verdict void Wearmouth Westzinthus wife words Yates
Popular passages
Page 54 - ... or any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, 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...
Page 148 - Now know ye, that the UNITED STATES OF AMERICA, in consideration...
Page 1049 - Term) moved accordingly, and also for a rule to shew cause why there should not be a new trial on the ground...
Page 1047 - Watson now moved for a rule to shew cause, why the nonsuit should not be set aside, and a new trial had, on the ground of misdirection.
Page 50 - BY the 4th section of the statute of frauds," it is enacted that " no action shall be brought whereby to charge any person upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, 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 authorized.
Page 41 - E., now moved for a rule, to shew cause why the verdict should not be set aside, and a...
Page 1083 - ... he took it under circumstances which ought to have excited the suspicion of a prudent and careful man.
Page 130 - ... the defendant or defendants in such action or suit to be brought may plead the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this Act...
Page 1109 - In debt on specialty or covenant, the plea of non est factum shall operate as a denial of the execution of the deed in point of fact only, and all other defences shall be specially pleaded, including matters which make the deed absolutely void, as well as those which make it voidable.
Page 855 - A verdict having been found for the defendant, a rule nisi was obtained for a new trial, on the ground that the evidence had been improperly received.