A Treatise on the Law of Contracts |
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Page 24
... action against the defendant , which had proceeded to issue ; and that , when the issues were about to be tried , the defendant , in consideration that the plaintiff would forbear proceeding in that action until a certain day , promised ...
... action against the defendant , which had proceeded to issue ; and that , when the issues were about to be tried , the defendant , in consideration that the plaintiff would forbear proceeding in that action until a certain day , promised ...
Page 26
... action will lie on this bailment , if there be a neglect in the management , by which the goods are spoiled , or the like . The above distinction is clearly taken in the Year Book , 11 H. 4 , 33 , where an action was brought against a ...
... action will lie on this bailment , if there be a neglect in the management , by which the goods are spoiled , or the like . The above distinction is clearly taken in the Year Book , 11 H. 4 , 33 , where an action was brought against a ...
Page 28
... Action upon the Case upon Assumpsit ( B. 83 ) ; per Bayley , and Holroyd , JJ . ( 1825 ) , Price v . Seaman , 4 B. & C. 525 . ( z ) 1 Wms . Saund . 210. As to mode of assignment of chose in action , see " The Supreme Court of Judicature ...
... Action upon the Case upon Assumpsit ( B. 83 ) ; per Bayley , and Holroyd , JJ . ( 1825 ) , Price v . Seaman , 4 B. & C. 525 . ( z ) 1 Wms . Saund . 210. As to mode of assignment of chose in action , see " The Supreme Court of Judicature ...
Page 47
... action in form ex contractu , will lie for money due upon a judgment obtained in a foreign Court ( a ) ; or upon an Irish judgment ( b ) ; or a Scotch decreet ( c ) . So an action Foreign is maintainable , at law , on a decree of a ...
... action in form ex contractu , will lie for money due upon a judgment obtained in a foreign Court ( a ) ; or upon an Irish judgment ( b ) ; or a Scotch decreet ( c ) . So an action Foreign is maintainable , at law , on a decree of a ...
Page 49
... action for , is The action " for money paid " is maintainable in every case in When the which the plaintiff has paid money to a third party at the request , " maintainable . express or implied , of the defendant , and with an ...
... action for , is The action " for money paid " is maintainable in every case in When the which the plaintiff has paid money to a third party at the request , " maintainable . express or implied , of the defendant , and with an ...
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Common terms and phrases
acceptance accord and satisfaction agent agreed agreement amount apply authority Bailment Bank bankrupt bankruptcy bill of exchange binding Bing bound breach buyer Camp carrier charge charter-party claim common carriers common law consideration Court covenant creditor damages debt debtor deed defendant defendant's delivered delivery discharge East effect entitled equity evidence Exch execution executor held husband illegal Implied Contracts indorser infant instrument Jones judgment L. J. Ch L. J. Ex landlord lease liable London Lord Lord Ellenborough marriage married woman ment money paid Moore Northern Rail notice parol partner partnership party payable payment performance plaintiff principal promise promissory note purchaser received recover rent rule Scott sect seller servant Smith solicitor stamp Stark Statute of Frauds sued surety Taunt tenant tender thereof third person tion trade trustee unless vendor Vict void Western Rail wife
Popular passages
Page 322 - ... any interest in or concerning them, 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 and signed by the party to be charged therewith...
Page 369 - Provided that where delivery has been delayed through the fault of either buyer or seller the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault.
Page 368 - Where there is a contract to sell unascertained or future goods by description, and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer, or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. Such assent may be expressed or implied, and may be given either before or after the appropriation is made.
Page 452 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand, or at a fixed or determinable future time, a sum certain in money to, or to the order of a specified person, or to bearer.
Page 100 - June 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 371 - ... the same in good faith, and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of the goods to make the same.
Page 373 - Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the whole.
Page 726 - Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal chose in action, of which express notice in writing shall have been given to the debtor...
Page 380 - ... the option of retaining the goods on payment of damages. The judgment or decree may be unconditional, or upon such terms and conditions as to damages, payment of the price and otherwise, as to the court may seem just.
Page 374 - The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or when the goods have been delivered to him, and he does any act in relation to them which is inconsistent with the ownership of the seller ((/), or when after the lapse of a reasonable time, he retains the goods without intimating to the seller that he has rejected them.