 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 2131921Full view - About this book
 | Law reports, digests, etc - 1881 - 628 pages
...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... | |
 | Law reports, digests, etc - 1884 - 1902 pages
...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... | |
 | Judah Philip Benjamin - Sales - 1884 - 646 pages
...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... | |
 | Aubrey St. John Clerke, Hugh McNab Humphry - Conveyancing - 1885 - 646 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,... | |
 | Colin Blackburn Baron Blackburn - Sales - 1887 - 478 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... | |
 | Judah Philip Benjamin - Sales - 1888 - 1034 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... | |
 | Ontario. High Court of Justice - Law reports, digests, etc - 1888 - 846 pages
...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... | |
 | Law reports, digests, etc - 1888 - 846 pages
...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... | |
 | Frederick Pollock - Contracts - 1889 - 816 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... | |
 | James Mackintosh - Sales - 1892 - 312 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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