Selected Cases on the Law of Quasi-contracts, Volumen1Bobbs-Merrill, 1905 - 692 páginas |
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Página v
... . RECOVERY FOR BENEFITS CONFERRED VOLUNTARILY .... 24 1. Benefits conferred in the absence of contractual agreement a . Without request ... In general .. 2223 24 24 24 Performance of obligation imposed by PAGE . law upon defendant V.
... . RECOVERY FOR BENEFITS CONFERRED VOLUNTARILY .... 24 1. Benefits conferred in the absence of contractual agreement a . Without request ... In general .. 2223 24 24 24 Performance of obligation imposed by PAGE . law upon defendant V.
Página 11
... agreement of the parties and an intention to create a contract , although that intention has not been expressed in terms of contract ; in either case , there is an actual contract . But a contract is sometimes said to be implied when ...
... agreement of the parties and an intention to create a contract , although that intention has not been expressed in terms of contract ; in either case , there is an actual contract . But a contract is sometimes said to be implied when ...
Página 14
... agreement is neces- sary to enable the owner to maintain assumpsit against the carrier for breach of his duty , nor ... agreements be- tween the parties , have ascertained the duties and fixed the limits of the liability of common ...
... agreement is neces- sary to enable the owner to maintain assumpsit against the carrier for breach of his duty , nor ... agreements be- tween the parties , have ascertained the duties and fixed the limits of the liability of common ...
Página 24
... AGREEMENT . a . WITHOUT REquest . i . In General . INHABITANTS OF SOUTH SCITUATE v . INHABITANTS OF HANOVER . 9 GRAY 420. - 1857 . ACTION of contract to recover half the fees paid by the plaintiffs to the commissioners appointed by the ...
... AGREEMENT . a . WITHOUT REquest . i . In General . INHABITANTS OF SOUTH SCITUATE v . INHABITANTS OF HANOVER . 9 GRAY 420. - 1857 . ACTION of contract to recover half the fees paid by the plaintiffs to the commissioners appointed by the ...
Página 54
... agreement that no compensation was to be made therefor except board , in- fluence in getting situations for the plaintiffs , rent of a store and the like . But in respect to the claims for the use of the barn and serv- ices in teaming ...
... agreement that no compensation was to be made therefor except board , in- fluence in getting situations for the plaintiffs , rent of a store and the like . But in respect to the claims for the use of the barn and serv- ices in teaming ...
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Términos y frases comunes
affirmed agent agreed agreement alleged amount appears appellee applied assumpsit authority bank benefit bill breach brought building cause of action charge circumstances cited claim common law compensation consideration contract corporation count court of equity court says damages debt deed defendant defendant's delivered demand doctrine duress duty enforce entitled to recover equity error evidence execution express fendant fraud furnished ground held illegal imply a promise intestate judge judgment jury justice labor land liable Lord MANSFIELD Mass ment mistake of fact money paid mortgage obligation opinion owner pari delicto party payment performance person plaintiff plaintiff in error principle promise to pay purchase quantum meruit quasi-contract question reason received recover back recovery refused remedy rendered rule sold statute statute of frauds sustained testator tiff tion tort tract trial ultra vires vendor verdict void waived
Pasajes populares
Página 514 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Página 173 - If the part to be performed by one party consists of several distinct and separate items, and the price to be paid by the other Is apportioned to each Item to be performed, or is left to be implied by law, such a contract will generally be held to be eeverable.
Página 631 - ... judge instructed the jury to find a verdict in favor of the defendant, on the ground that the...
Página 535 - This kind of equitable action to recover back money, which ought not in justice to be kept, is very beneficial, and therefore much encouraged.
Página 392 - Wells, of , gentlemen, to be my true and lawful attorney, for me and in my name, to enter into and take possession of a certain messuage, late in the tenure and occupation of J.
Página 416 - 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.
Página 430 - ... lawful money and a legal tender in payment of all debts, public and private, within the United States, except duties on imports and interest as aforesaid.
Página 406 - He who receives it has a right to consider it as his without dispute: he spends it in confidence that it is his; and it would be most mischievous and unjust, if he who has acquiesced in the right by such voluntary payment, should be at liberty, at any time within the statute of limitations, to rip up the matter, and recover back the money.
Página 98 - Unless the promise, contract, or 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 by some person thereunto by him lawfully authorized.
Página 559 - Where a party pays an illegal demand with a full knowledge of all the facts which render such demand illegal, without an immediate and urgent necessity therefor, or unless to release his person or property from detention, or to prevent an immediate seizure of his person or property, such payment must be deemed voluntary and cannot be recovered back. And the fact that the party at the time of making the payment files a written protest does not make the payment involuntary.