The Law of Contracts and Promises Upon Various Subjects and with Particular Persons: As Settled in the Action of Assumpsit ...A. Strahan, 1824 - 654 páginas |
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Página 14
... Court held clearly the contrary , that it was a good consideration ; for by reason of the promise the plaintiff was drawn to make the release ; and it is not material that the defendant took no benefit by the release . So , the common ...
... Court held clearly the contrary , that it was a good consideration ; for by reason of the promise the plaintiff was drawn to make the release ; and it is not material that the defendant took no benefit by the release . So , the common ...
Página 26
... courts of law is quite the reverse ; namely , that in case of doubt , the words of a pro- mise , or covenant , shall ... court of law , yet the consideration of performance differs ; for at law a covenant and agreement must be strictly ...
... courts of law is quite the reverse ; namely , that in case of doubt , the words of a pro- mise , or covenant , shall ... court of law , yet the consideration of performance differs ; for at law a covenant and agreement must be strictly ...
Página 30
... Court , whether the 1000 / . , mentioned in the deed was inserted as a penalty , or as liquidated damages . And the Court determined , that the deed itself liquidated the certain sum : it was ascertained and fixed between the parties ...
... Court , whether the 1000 / . , mentioned in the deed was inserted as a penalty , or as liquidated damages . And the Court determined , that the deed itself liquidated the certain sum : it was ascertained and fixed between the parties ...
Página 34
... courts of record at Westminster . ” The Court , after argument , held , that the sum mentioned in the agree- ment was in the nature of a penalty , and not of liquidated damages : and Lord Eldon Ch . J. in giving his opinion on this case ...
... courts of record at Westminster . ” The Court , after argument , held , that the sum mentioned in the agree- ment was in the nature of a penalty , and not of liquidated damages : and Lord Eldon Ch . J. in giving his opinion on this case ...
Página 53
... courts of law and equity from investigating the truth of the transaction . And therefore , in an action upon a bond ... court of justice in this unclean manner to recover it back . " Upon the same principle it has been determined , that ...
... courts of law and equity from investigating the truth of the transaction . And therefore , in an action upon a bond ... court of justice in this unclean manner to recover it back . " Upon the same principle it has been determined , that ...
Términos y frases comunes
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
Pasajes populares
Página 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...
Página 456 - ... unless the agreement upon which such action shall be brought, or some memorandum or...
Página 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.
Página 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'.
Página 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.
Página 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.
Página 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.
Página 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.
Página 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.
Página 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...