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 41
... statute , to entitle himself under the condition ; and then he would gain no more than he may by what is now pro- posed . [ Parke J. Yes ; by the special agreement em- bodied in the condition , he would recover 280l . and interest ...
... statute , to entitle himself under the condition ; and then he would gain no more than he may by what is now pro- posed . [ Parke J. Yes ; by the special agreement em- bodied in the condition , he would recover 280l . and interest ...
Page 42
... statute , the provision that , in default of paying the in- terest , the whole sum should become due , being in the nature of a secondary penalty . It is as if an annuity had been granted , with a fixed sum to become due on default in ...
... statute , the provision that , in default of paying the in- terest , the whole sum should become due , being in the nature of a secondary penalty . It is as if an annuity had been granted , with a fixed sum to become due on default in ...
Page 56
... statute 4 & 5 W. & M. c . 18. any person might file an information in this Court in the name of the Master of the Crown Office , and hence the statutes which give a remedy by penal action commonly enable the party to proceed by either ...
... statute 4 & 5 W. & M. c . 18. any person might file an information in this Court in the name of the Master of the Crown Office , and hence the statutes which give a remedy by penal action commonly enable the party to proceed by either ...
Page 61
... statute of frauds , evidence of such unwritten agreement is excluded . That statute con- tains no provision for the dissolution of agreements . It will be said , this agreement being one concerning an in- terest in land , is within the ...
... statute of frauds , evidence of such unwritten agreement is excluded . That statute con- tains no provision for the dissolution of agreements . It will be said , this agreement being one concerning an in- terest in land , is within the ...
Page 63
... statute of frauds and perjuries , but to the rule of common law before that statute was in being . " Assuming , however , that an agreement for the purchase of land may be wholly waived and discharged by parol , it cannot be varied . In ...
... statute of frauds and perjuries , but to the rule of common law before that statute was in being . " Assuming , however , that an agreement for the purchase of land may be wholly waived and discharged by parol , it cannot be varied . In ...
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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.