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" In cases of this sort, where the question is whether the one party is set free by the action of the other, the real matter for consideration is whether the acts or conduct of the one do or do not amount to an intimation of an intention to abandon and... "
The Saskatchewan Law Reports - Page 213
1921
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Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Volume 9

Law reports, digests, etc - 1881
...by Lord COLERIDGE in Freeth v. Burr (LR 9 CP 208), who gives this explanation of the authorities : " In cases of this sort, where the question is whether...acts or conduct of the one do. or do not amount to an intention to abandon and altogether to refuse performance of the contract. I say this in order to explain...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 21-22

Law reports, digests, etc - 1884
...COLERIDGE, in delivering the judgment in Freeth v. Burr, LE 9 CP 208, Benj. Sales, (3d. Ed.) 901, says: "In cases of this sort, where the question is whether...intimation of an intention to abandon and altogether refuse performance of the contract. * * * I think it may be taken that the fair result of the decisions...
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Benjamin's Treatise on the Law of Sale of Personal Property: With ..., Volume 2

Judah Philip Benjamin - Sales - 1884
...contract as abandoned by the plaintiffs. Coleridge, CJ, in delivering judgment, says (at p. 213) : " In cases of 'this sort, where the question is whether...intimation of an intention to abandon and altogether refuse performance of the contract. I say this in order to explain the ground on which I think the...
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A Concise Treatise on the Law Relating to Sales of Land

Aubrey St. John Clerke, Hugh McNab Humphry - Conveyancing - 1885 - 586 pages
...party entitles the other to rescind the contract ? Lord ^' Coleridge has thus stated the principle:—" In cases of this sort, where the question is whether...altogether to refuse performance of the contract": Freeth v. Burr, LE 9 CP 208. This statement was, in a recent case, accepted by the Earl of Selborne,...
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A Treatise on the Effect of the Contract of Sale on the Legal Rights of ...

Colin Blackburn Baron Blackburn - Sales - 1887 - 427 pages
...the opinion of the Court. The Court upheld the verdict, and Lord Coleridge, CJ, said that " incases of this sort, where the question " is whether the...other, the " real matter for consideration is whether acts or conduct of the one " do or do not amount to an intimation of an intention to abandon " and...
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Benjamin's Treatise on the Law of Sale of Personal Property: With ..., Volume 2

Judah Philip Benjamin - Electronic books - 1888 - 1010 pages
...contract as abandoned by the plaintiffs. Coleridge, C. J., in delivering judgment, says (at p. 213) : " In cases of this sort, where the question is whether...intimation of an intention to abandon and altogether refuse performance of the contract. I say this in order to explain the ground on which I think the...
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The Ontario Reports: Containing Reports of Cases Decided in the ..., Volume 15

Law reports, digests, etc - 1888
...Ontario Court of Appeal, in Midland R. W. Co. v. Ontario Rolling Mills, 10 AR 677, is as follows : " In cases of this sort, where the question is, whether...intimation of an intention to abandon and altogether refuse performance of the contract." The conduct of the defendant in the present case, which is relied...
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The Ontario Reports: Containing Reports of Cases Decided in the ..., Volume 14

Law reports, digests, etc - 1888
...which are referred to, at p. 213 : " I mention that because it is important to express my view that, in cases of this sort, where the question is, whether the one party is not free by the action of the other, the real matter for consideration is whether the acts or conduct...
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Principles of Contract: A Treatise on the General Principles Concerning the ...

Frederick Pollock - Contracts - 1889 - 760 pages
...delivering the residue) did not entitle the seller to rescind the contract. It was suggested that, " in cases of this sort, where the question is whether...of an intention to abandon and altogether to refuse per(d) (1881) 7 QB Div. 92, 50 LJQB 529. (i) See on p. 94 (not one-third in December and one-third...
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The Roman Law of Sale with Modern Illustrations: Digest XVIII. 1 and XIX. 1

James Mackintosh - Sales - 1892 - 272 pages
...deliver any more. Held he was wrong and liable in damages for the non-delivery ; and observed that ' in cases of this sort, where the question is whether...amount to an intimation of an intention to abandon the contract.' Cp. Mersey Steel Co. (1874) 9 App. Ca. 434 ; SGB 33 ; Turnbull (1874) 1 E. 730 ;...
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