Bullen and Leake's Precedents of Pleadings: With Notes and Rules Relating to Pleading |
From inside the book
Results 1-5 of 100
Page 50
... agreement of the parties by which the right of the plaintiff was created , and must do so in such a way as to show that the contract or agreement was valid and sufficient to create the right in respect of which the plaintiff sues . Thus ...
... agreement of the parties by which the right of the plaintiff was created , and must do so in such a way as to show that the contract or agreement was valid and sufficient to create the right in respect of which the plaintiff sues . Thus ...
Page 52
... agreement for payment . Thus , such forms are in general applicable where the terms of any special agreement ( whether by parol or under seal ) have been performed and satisfied so as to leave a mere debt due to the plaintiff , and in ...
... agreement for payment . Thus , such forms are in general applicable where the terms of any special agreement ( whether by parol or under seal ) have been performed and satisfied so as to leave a mere debt due to the plaintiff , and in ...
Page 53
... agreement between the parties has been altered or modified by a subsequent agreement , the plaintiff may either state the agreements in their order according to the fact , or he may state the contract as it stands modified or altered ...
... agreement between the parties has been altered or modified by a subsequent agreement , the plaintiff may either state the agreements in their order according to the fact , or he may state the contract as it stands modified or altered ...
Page 92
... agreement to answer for the debt of another within the 4th section of the Statute of Frauds , and need not , therefore , be in writing . ( Couturier v . Hastie , 8 Ex . 40 ; 22 L. J. Ex . 97 ; Fleet v . Murton , L. R. 7 Q. B. 126 , 132 ...
... agreement to answer for the debt of another within the 4th section of the Statute of Frauds , and need not , therefore , be in writing . ( Couturier v . Hastie , 8 Ex . 40 ; 22 L. J. Ex . 97 ; Fleet v . Murton , L. R. 7 Q. B. 126 , 132 ...
Page 96
... agreement is an express agreement made by word of mouth , it is sufficient to state the actual agreement made , giving , where practicable , such particulars as to time and place as may be necessary . Where an agreement is to be implied ...
... agreement is an express agreement made by word of mouth , it is sufficient to state the actual agreement made , giving , where practicable , such particulars as to time and place as may be necessary . Where an agreement is to be implied ...
Common terms and phrases
accepted acceptor accord and satisfaction agent agreement alleged amended amount apply assignment Bank bankrupt Bankruptcy Act Bills of Exchange Bing breach carrier cause of action cheque cited post condition counterclaim County covenant creditor dated debt debtor deceased deed defendant defendant's delivered delivery denial entitled executor or administrator fact fraud G. W. Ry injunction injury joinder of issue judgment Judicature Acts L. J. Ch L. J. Ex land landlord Leake on Contracts lease liable loss ment negligence notice owner paid Particulars payable person plaintiff plaintiff has suffered plaintiff's claim pleading possession preceding premises Queen's Bench Division reasonable recover rent reply respect rule Sect set-off ship Smith special damage specially indorsed statement of claim statute Statute of Frauds sued suffered damage sufficient supra tenant thereof third party trespass trustee unless Vict warranty writ
Popular passages
Page 387 - ... agent acting for him, of the goods or documents of title, under any sale, pledge, or other disposition thereof, to any person receiving the same in good faith and •without notice of...
Page 19 - All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative...
Page 316 - Where there is an unconditional contract for the sale of specific goods, in a deliverable state, the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment or the time of delivery, or both, be postponed.
Page 426 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Page 318 - Where there is an available market for the goods in question, the measure of damages, in the absence of special circumstances showing proximate damages of a greater amount, is the difference between the contract price and the market or current price...
Page 772 - December, 1833, no action or suit or other proceeding shall be brought, to recover any sum of money secured by any mortgage, judgment or lien, or otherwise charged upon or payable out of any land or rent, at law or in equity...
Page 772 - ... unless in the meantime some part of the principal money, or some interest thereon, shall have been paid, or some acknowledgment of the right thereto shall have been given in writing, signed by the person by whom the same shall be payable, or his agent, to the person entitled thereto, or his agent...
Page 772 - No claim of a cestui que trust against his trustee for any property held on an express trust, or in respect of any breach of such trust, shall be held to be barred by any Statute of Limitations.
Page 710 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Page 316 - Intend. (1) Where there is a contract to sell specific or ascertained goods, the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred. ( 2 ) For the purpose of ascertaining the intention of the parties, regard shall be had to the terms of the contract, the conduct of the parties, usages of trade and the circumstances of the case.