Law of Contract |
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Page xv
... Claim by Third Party ..... 454 CHAPTER VIII . REMEDIES FOR BREACH OF CONTRACT . 213. Damages ... 455 RULES RELATING TO DAMAGES . Compensatory . 455 Sales of Goods . 456 Sales of Land . Losses Contemplated .. Remote Damages ...
... Claim by Third Party ..... 454 CHAPTER VIII . REMEDIES FOR BREACH OF CONTRACT . 213. Damages ... 455 RULES RELATING TO DAMAGES . Compensatory . 455 Sales of Goods . 456 Sales of Land . Losses Contemplated .. Remote Damages ...
Page 3
... claim arising ex contractu , -a certain act of a pecuniary character is demandable from a certain person . In the case of a jus in personam , there exists a person who is specially and individually bound . By force of such a right it ...
... claim arising ex contractu , -a certain act of a pecuniary character is demandable from a certain person . In the case of a jus in personam , there exists a person who is specially and individually bound . By force of such a right it ...
Page 21
... claim against his mother's estate to recover compensation for his management of her affairs in her lifetime , the Court said : " If under all the circumstances of the case such services were of such a char- acter as to lead to a ...
... claim against his mother's estate to recover compensation for his management of her affairs in her lifetime , the Court said : " If under all the circumstances of the case such services were of such a char- acter as to lead to a ...
Page 23
... claim on you for payment ? 1 Payner . Cave , 3 Term R. 148 ; Blossom r . Railroad Co. , 3 Wal- lace , 96 ; Anderson r . Wisconsin C. R. Co. , 107 Minn . 296 ; 20 L. R. A. ( N. S. ) 1133. Sale of Goods Act , art . 58 , sec . 2 . 2 ...
... claim on you for payment ? 1 Payner . Cave , 3 Term R. 148 ; Blossom r . Railroad Co. , 3 Wal- lace , 96 ; Anderson r . Wisconsin C. R. Co. , 107 Minn . 296 ; 20 L. R. A. ( N. S. ) 1133. Sale of Goods Act , art . 58 , sec . 2 . 2 ...
Page 30
... claim is for a fixed amount . But when A. merely agrees not to sell to other persons at a lower price than B. is charged . then a violation of this agreement by A. does not enti- tle A. to claim a definite sum , but only gives him a ...
... claim is for a fixed amount . But when A. merely agrees not to sell to other persons at a lower price than B. is charged . then a violation of this agreement by A. does not enti- tle A. to claim a definite sum , but only gives him a ...
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Common terms and phrases
acceptance accord and satisfaction agreed agreement amount ance assignment Assn Balto Bank benefit binding bound BRANTLY breach buyer charter party Clark Coal condition consent consideration Court Court of Equity create creditor damages debt debtor defendant delivered delivery discharge duress effect enforce entitled to recover equity executed existence fact failure figures refer fraud Gill give held illegal implied impossibility intended land letter liability liquidated damages Mass ment Minn mistake obligation offer offeree offeror option paid pari delicto payment plaintiff promise to pay promisor promissory note purchase reason refer to pages refused rendered rescind the contract rescission right of action rule says seal sell seller Smith sold specific performance statement statute Statute of Frauds stipulated subsequent telegram thing third party third person tion tract unilateral contract unless valid vendor void voidable warranty
Popular passages
Page 143 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Page 237 - We do not see how a better test can be applied to the question whether reasonable or not, than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.
Page 128 - No action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate...
Page 242 - 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 84 - A valuable consideration, in the sense of the law, may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered, or undertaken by the other.
Page 457 - ... such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself — or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 285 - ... as by the known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of the same words...
Page 46 - A proposal to accept, or an acceptance, upon terms varying from those offered, is a rejection of the offer, and puts an end to the negotiation, unless the party who made the original offer renews it, or assents to the modification suggested.
Page 421 - There seems no doubt that where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become unexpectedly burdensome or even impossible.
Page 142 - ... sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.