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 27
... entitled to receive either the wheat or the 5l . , but no more . ( z ) In some cases the natural and ordinary import of words may be restrained , if such an interpretation would render the agreement wholly ( u ) Vide 4 T. R. 514. 6 ...
... entitled to receive either the wheat or the 5l . , but no more . ( z ) In some cases the natural and ordinary import of words may be restrained , if such an interpretation would render the agreement wholly ( u ) Vide 4 T. R. 514. 6 ...
Página 41
... entitled to the money ; but if the words had been in consideration of the said covenant to be performed , B. might bring an action for the money before he made the assurance . ( n ) And lastly , where articles of agreement were made ...
... entitled to the money ; but if the words had been in consideration of the said covenant to be performed , B. might bring an action for the money before he made the assurance . ( n ) And lastly , where articles of agreement were made ...
Página 58
... entitled to certain forage of oats and hay for divers horses daily out of the king's magazine belonging to the camp ) entered into an agreement with the person who furnished and supplied the maga- zine , that the sutlers would abstain ...
... entitled to certain forage of oats and hay for divers horses daily out of the king's magazine belonging to the camp ) entered into an agreement with the person who furnished and supplied the maga- zine , that the sutlers would abstain ...
Página 67
... entitled unto , or maintain any cause , action , or suit for , or recover either in law or equity , any sum or sums of money , debt , or demands whatsoever , for or on account of any spirituous liquors , unless such debt shall have ...
... entitled unto , or maintain any cause , action , or suit for , or recover either in law or equity , any sum or sums of money , debt , or demands whatsoever , for or on account of any spirituous liquors , unless such debt shall have ...
Página 68
... entitled to any of the said actions , shall be , at the time of any such cause of action accrued , within the age of twenty - one years , feme covert , non compos mentis , imprisoned , or beyond the seas , then such person or persons ...
... entitled to any of the said actions , shall be , at the time of any such cause of action accrued , within the age of twenty - one years , feme covert , non compos mentis , imprisoned , or beyond the seas , then such person or persons ...
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...