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 31
... directed to be done , and find and provide all the materials for the doing thereof , within the time or space of six weeks from the day of the date of the said writing obligatory , at and for the price or sum of 1187. 18s . , which was ...
... directed to be done , and find and provide all the materials for the doing thereof , within the time or space of six weeks from the day of the date of the said writing obligatory , at and for the price or sum of 1187. 18s . , which was ...
Página 33
... directed for that purpose ; and that on payment of the damages defendant might be restrained from taking out execution for the penalty of the bond . Upon motion to dissolve the injunction , and cause shown , the rule was discharged . So ...
... directed for that purpose ; and that on payment of the damages defendant might be restrained from taking out execution for the penalty of the bond . Upon motion to dissolve the injunction , and cause shown , the rule was discharged . So ...
Página 60
... directed to let out of prison all persons by them arrested on mesne process , or by cause of indictment of trespass , upon reasonable sureties of sufficient persons . And it is enacted , " that no sheriff shall take any obligation for ...
... directed to let out of prison all persons by them arrested on mesne process , or by cause of indictment of trespass , upon reasonable sureties of sufficient persons . And it is enacted , " that no sheriff shall take any obligation for ...
Página 65
... directed to be delivered to the captain of a smuggling vessel , and some of the brandy was delivered at Guernsey , and the rest at sea ; the whole being put by the partner at Guernsey into half - ankers , and ready slung for the purpose ...
... directed to be delivered to the captain of a smuggling vessel , and some of the brandy was delivered at Guernsey , and the rest at sea ; the whole being put by the partner at Guernsey into half - ankers , and ready slung for the purpose ...
Página 93
... directed the jury that they might fairly presume that the defendant had given a parol order for the tea , and stated that he would reserve the question for the opinion of the Court , whether the delivery of the tea , and the acceptance ...
... directed the jury that they might fairly presume that the defendant had given a parol order for the tea , and stated that he would reserve the question for the opinion of the Court , whether the delivery of the tea , and the acceptance ...
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...