Cases on Business Law |
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Results 1-5 of 100
Page 45
... obligation " just as if it were a con- tract . " The law imposes this obligation irrespective of the intention of the parties . Offer and acceptance form no part of it . But this quasi contractual obligation cannot be imposed upon a ...
... obligation " just as if it were a con- tract . " The law imposes this obligation irrespective of the intention of the parties . Offer and acceptance form no part of it . But this quasi contractual obligation cannot be imposed upon a ...
Page 46
... obligated itself to publish the advertisement ; and in the absence of an obligation on its part , there being no other con- sideration shown , the so - called contract is wanting in mutuality and is not enforceable . To constitute an ...
... obligated itself to publish the advertisement ; and in the absence of an obligation on its part , there being no other con- sideration shown , the so - called contract is wanting in mutuality and is not enforceable . To constitute an ...
Page 54
... obligation until it is accepted according to its terms . So long as the offer has been neither accepted nor rejected , the negotiation remains open , and imposes no obligation upon either . party ; the one may decline to accept , or the ...
... obligation until it is accepted according to its terms . So long as the offer has been neither accepted nor rejected , the negotiation remains open , and imposes no obligation upon either . party ; the one may decline to accept , or the ...
Page 69
... obligation upon the former until it is accepted by the latter according to the terms in which the offer was made . Any qualification of , or departure from , those terms invalidates the offer , unless the same be agreed to by the person ...
... obligation upon the former until it is accepted by the latter according to the terms in which the offer was made . Any qualification of , or departure from , those terms invalidates the offer , unless the same be agreed to by the person ...
Page 81
... obligations generically different have been classed as such , not because of any real analogy , but because , where ... obligation on the de- fendant to restore money so obtained , or to compensate one who has furnished necessaries to ...
... obligations generically different have been classed as such , not because of any real analogy , but because , where ... obligation on the de- fendant to restore money so obtained , or to compensate one who has furnished necessaries to ...
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Other editions - View all
Common terms and phrases
acceptance action affirmed agent agreed agreement alleged amount Appeals appellee applied assumpsit authority bailment bank bankruptcy benefit bill bill of lading breach carrier chose in action circumstances claim common carrier common law Company condition consideration constitute contract court of equity creditor damages debt debtor decisions defendant defendant's delivered delivery discharge drawee drawer due course duty effect enforce entitled equity evidence executed fact fendant fraud held holder in due indorsement intention interest judgment jury law merchant letter liability maker ment mortgage negligence Negotiable Instruments notice obligation offer owner paid party payable payee payment performance person plaintiff plaintiff in error principal promise to pay promissory note purchase purpose question reason received recover refused rendered rule sell specific statute statute of frauds Supreme Court surety thereof tion tort tract transaction trial trust words
Popular passages
Page 372 - ... 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, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 774 - But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed.
Page 361 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 429 - ... a person shall be deemed insolvent within the provisions of this act whenever the aggregate of his property, exclusive of any property which he may have conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, with intent to defraud, hinder or delay his creditors, shall not, at a fair valuation, be sufficient in amount to pay his debts.
Page 680 - Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty.
Page 560 - ... in case of any fraud or false swearing by the insured touching any matter relating to this insurance or the subject thereof, whether before or after a loss.
Page 777 - ... delivery may be shown to have been conditional, or for a special purpose only, and not for the purpose of transferring the property in the instrument.
Page 659 - An instrument which contains an order or promise to do any act in addition to the payment of money is not negotiable.
Page 642 - An unqualified order or promise to pay is unconditional within the meaning of this act, though coupled with — 1. An indication of a particular fund out of which reimbursement is to be made, or a particular account to be debited with the amount; or 2. A statement of the transaction which gives rise to the instrument.
Page 374 - ... unless the buyer shall accept part of the goods or choses in action so contracted to be sold or 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.