Illustrative Cases in Contracts |
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Common terms and phrases
acceptance action affirmed agent agreed agreement alleged amount answer appears appellant appellee assent assumpsit authority avoid bill binding charge circumstances cited claim common law complainant consideration contract of sale convey conveyance Court of equity coverture creditor debt debtor decision deed defendant defendant's delivered delivery disaffirmance duress effect entitled equity error estoppel evidence executed express fact feoffment fraudulent given grantee grantor ground held imprisonment infant insane intention Judge judgment jury Justice land letter liable LORD MANSFIELD Mactier ment Minn minor mortgage necessary non compos mentis obligation offer opinion paid parol party payment performed person plaintiff plaintiff in error principle procured promise to pay proof purchase purchase-money quantum meruit question ratification reason received recover rule Smith sold Statute of Frauds Stephen Neal sufficient suit Supreme Court sustain testator tion tract trial undue influence valid void voidable Wilbern writing
Popular passages
Page 67 - If it appears to the court that the sale was legally made, and fairly conducted, and that the sum bid...
Page 411 - ... 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 authorised...
Page 510 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 411 - ... upon any agreement which is not to be performed within the space of one year from the making thereof, unless the promise or 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 by him thereunto lawfully authorized...
Page 347 - The defendants must be considered in law as making, during every instant of the time their letter was travelling, the same identical offer to the plaintiffs, and then the contract is completed by the acceptance of it by the latter.
Page 470 - Every contract for the sale of any goods, chattels, or things in action, for the price of fifty dollars or more, shall be void, unless, 1.
Page 506 - The principle seems to us to be that, in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance arising from the perishing of the person or thing shall excuse the performance.
Page 268 - But every one has a right to select and determine with whom he will contract, and cannot have another person thrust upon him without his consent. In the familiar phrase of Lord Denman, '• you have the right to the benefit you anticipate from the character, credit, and substance of the party with whom you contract.
Page 398 - To bring the case within the rule of dispensation, it must appear that the thing to be done cannot by any means be accomplished; for, if it is only improbable, or out of the power of the obligor, it is not in law deemed impossible.
Page 227 - ... where there is an arrest for an improper purpose without just cause, or where there is an arrest for a just cause but without lawful authority, or for a just cause but for an unlawful purpose; and the rule is that in either of tlto^e 1870.