A Practical Treatise on the Law of Contracts, Not Under Seal: And Upon the Usual Defences to Actions Thereon |
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Page iii
... observed that the work has increased in bulk ; this was also unavoidable , as the Editor has endea- voured , by noticing all the modern cases , and many of them at some length , to carry out the Author's inten- tion of rendering the ...
... observed that the work has increased in bulk ; this was also unavoidable , as the Editor has endea- voured , by noticing all the modern cases , and many of them at some length , to carry out the Author's inten- tion of rendering the ...
Page 5
... observed , the agreement acquires no greater vigour and force than such as belong to a contract of that class ; and there are still wanting , and must be supplied , all the usual requisites of a simple contract to give it efficacy ...
... observed , the agreement acquires no greater vigour and force than such as belong to a contract of that class ; and there are still wanting , and must be supplied , all the usual requisites of a simple contract to give it efficacy ...
Page 6
... observed , that although a consideration is not necessary in ge- neral to give effect to a deed or cove- nant under seal , yet the total failure of a consideration expressed in the deed , and upon which the instrument is meant to be ...
... observed , that although a consideration is not necessary in ge- neral to give effect to a deed or cove- nant under seal , yet the total failure of a consideration expressed in the deed , and upon which the instrument is meant to be ...
Page 38
... observed , " If the inconvenience of an execution against these goods at the time in question was so great that the defendant thought proper to buy it off at such an expense , I do not see that the consideration is in- sufficient for ...
... observed , " If the inconvenience of an execution against these goods at the time in question was so great that the defendant thought proper to buy it off at such an expense , I do not see that the consideration is in- sufficient for ...
Page 44
... observed , " that it is true that the Court never decrees specifically without a consideration ; but that the agreement in question was not without consideration : for though nothing valuable was given on the face of the articles as a ...
... observed , " that it is true that the Court never decrees specifically without a consideration ; but that the agreement in question was not without consideration : for though nothing valuable was given on the face of the articles as a ...
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Other editions - View all
Common terms and phrases
action afterwards agent agreed agreement amount ante appeared assent assignees assumpsit authority bankrupt bankruptcy Baron and Feme bill bill of exchange bind Bing bound Camp Chit Chitty chose in action consideration contract court covenant coverture creditor debt debtor deed defendant defendant's delivered demise discharge East entitled equity evidence executor express feme feme covert feme sole firm held husband indorsed infant insolvent instrument jury land landlord latter lease liable Lord Ellenborough Lord Tenterden marriage ment Moore necessary notice to quit paid parish parol partner partnership party payment plaintiff possession principal prisoner proved purchase received recover rent Scott seems Selw servant Smith sold stamp Stark statute of frauds sued sufficient Taunt tenant thereof third person tion vendee vendor void warranty wife writing
Popular passages
Page 300 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing...
Page 657 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Page 507 - no action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 299 - Lord one thousand six hundred seventy and seven, all leases, estates, interests of freehold, or terms of years, or any uncertain interest of, in, to or out of any messuages, manors, lands, tenements or hereditaments, made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, shall have the force and effect of leases or estates at will only...
Page 83 - ... 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.
Page 155 - That no Action shall be maintained whereby to charge any Person upon any Promise made after full Age to pay any Debt contracted during Infancy, or upon any Ratification after full Age of any Promise or Simple Contract made during Infancy, 'unless such Promise or Ratification shall be made by some Writing signed by the Party to be charged therewith.
Page 656 - For no country ever takes notice of the revenue laws of another. " <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 so say. The principle of public policy...
Page 788 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Page 790 - The first count of the declaration, upon which alone the question arises, stated that, in consideration that the plaintiff, at the request of the defendant, had bought of the defendant a horse for the sum of £30, the defendant promised that it was sound and free from vice.
Page 805 - ... all actions of account, and upon the case, other than such accounts as concern the trade of merchandise between merchant and merchant, their factors or servants, all actions of debt grounded upon any lending or contract without specialty...