 ... must be tried upon principles substantially equitable. Two circumstances always important in such cases are the length of the delay and the nature of the acts done during the interval, which might affect either party and cause a balance of justice...  The Saskatchewan Law Reports - Page 591915Full view - About this book
 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1875 - 1038 pages
...of limitations, the validity of that defence must be tried upon principles substantially equitable. Two circumstances, always important in such cases,...of the acts done during the interval, which might effect either party and cause a balance of justice or injustice in taking the one course or the other,... | |
 | William Evans - Agency (Law) - 1879 - 802 pages
...principles substantially equitable. Two cir(n) Lindsay Petroleum Company v. Hurd, LR, 5 PC 221. cumstances always important in such cases are, the length of...course or the other, so far as relates to the remedy. The right to obtain damages was discussed in a case which *was decided in the Court of Appeal in the... | |
 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1880 - 914 pages
...of limitations, the validity of that defence must be tried upon principles substantially equitable. Two circumstances always important in such cases are...course or the other, so far as relates to the remedy." I have looked in vain for any authority which gives a more distinct and definite rule than this ; and... | |
 | William Williamson Kerr - Fraud - 1883 - 640 pages
...of limitations, the validity of that defence must be tried upou principles substantially equitable. "Two circumstances always important in such cases...party, and cause a balance of justice or injustice iu taking the one course or the other, so far as relates to the remedy. If the situation of the parties... | |
 | Aubrey St. John Clerke, Hugh McNab Humphry - Conveyancing - 1885 - 646 pages
...the contract. The right to relief by rescission depends on purely equitable Claim for principles, and two circumstances, always important in such cases,...course or the other, so far as relates to the remedy. Per Cnriam, Lindsay Petroleum Co. v. Hurd, LE 5 P. 0. 221, 240. But if a contract is obtained by fraud,... | |
 | Law reports, digests, etc - 1891 - 1156 pages
...of limitations, the validity of that defense must be tried upon principles substantially equitable. Two circumstances always important in such cases are...injustice In taking the one course or the other." In discussing the effect of delay, as indicating acquiescence, and estopping a party from asserting... | |
 | Law reports, digests, etc - 1896 - 1148 pages
...must be tried upon principles substantially equitable. Two circumstances, always important in euch cases, are the length of the delay and the nature...cause a balance of Justice or injustice in taking one course or the other." It Is evident, therefore, that what would be fatal laches in one case would... | |
 | Law reports, digests, etc - 1889 - 1132 pages
...of limitations, the validity of that defense must be tried upon principles substantially equitable. Two circumstances, always important in such cases,...course or the other, so far as relates to the remedy." Now, the award was signed on June 7, 1886, and the bill was filed October 28th of the same year, and... | |
 | Law reports, digests, etc - 1903 - 1168 pages
...parties precisely to the state they were In before the contract Two circumstances always impdrtant In such cases are the length of the delay and the...course or the other, so far as relates to the remedy. • • • I have looked In vain for any authority which gives a more distinct and definite rule than... | |
 | Law reports, digests, etc - 1927 - 1244 pages
...particular case by granting the relief asked. It is usually said that the two most important circumstances in such cases are the length of the delay and the...or injustice in taking the one course or the other in so far as it relates to the remedy. [Citing cases.]" The doctrine there announced is applicable... | |
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