 | John William Smith - 1840 - 530 pages
...it is an invariably true proposition, that, wherever one of the parties to a special contract ha*, in an unqualified manner, refused to perform his side...anything which he had done under it previously to the rescision ; this it is apprehended is established by Wilhcri v. Ri-uuuMs, -2 B. & Ad. 88i'; Plane/it'... | |
 | John William Smith - Law reports, digests, etc - 1842 - 612 pages
...invariably true proposition, that, wherever one of the parties to a special contract not under seal has, in an unqualified manner, refused to perform his side...anything which he had done under it previously to the rescision ; this it is apprehended is established by Withers v. Reynolds, 2 B. & Ad. 882 ; Planche... | |
 | Great Britain. Court of King's Bench, Edmund Saunders - Law reports, digests, etc - 1845 - 968 pages
...wherever one of the parties to a special contract, not under seal, has refused to perform his side of it, or has disabled himself from performing it by his...has, thereupon, a right to elect to rescind it, and to sue immediately on a quantum meruit for any thing that he had done under it previously to the rescission.... | |
 | John William Smith - Law reports, digests, etc - 1855 - 798 pages
...invariably true proposition, that, wherever one of the parties to a special contract not under seal has. in an unqualified manner, refused to perform his side...this it is apprehended is established by Withers v. Reynolds, 2 B. & Ad. 882 ; Planche v. Colburn, 8 Bingh. p121 14 ; »Franklin v. Miller, 4 Ad. & Ell.... | |
 | Edwin Tyrrell Hurlstone, John Paxton Norman - Law reports, digests, etc - 1862 - 1112 pages
...wherever (a) 8 Bing. 14. (i) 2 A. & E.. 696. one of the parties to a special contract not under seal has, in an unqualified manner, refused to perform his side...he had done under it previously to the rescission." Here, inasmuch as the defendant has had a benefit under the contract, and has committed a breach of... | |
 | John Williams, Sir Edmund Saunders - Law reports, digests, etc - 1871 - 756 pages
...wherever one of the parties to a special contract, not under seal, has refused to perform his side of it, or has disabled himself from performing it by his...has, thereupon, a right to elect to rescind it, and to sue immediately on a quantum meruit for anything that he had done under it previously to the rescission.... | |
 | Great Britain. Courts - Law reports, digests, etc - 1873 - 562 pages
...invariably true proposition, that, wherever one of the parties to a special contract not under seal has, in an unqualified manner, refused to perform his side...immediately sue on a quantum meruit for anything which he has done under it previously to the rescision: *this, r*wio it is apprehended, is established by Withers... | |
 | Henry Oldright - 1873 - 378 pages
...invariably true proposition that wherever one of the parties to a special contract, not under seal, has in an unqualified manner refused to perform his side of the contract" (and note this defendant has in effect done so, when he forbade to plaintiffs access to his premises)... | |
 | John Campbell Allen - 1878 - 714 pages
...STEWAUT aijainsl KIRK. Wnere a petition to the Probate Court for a licence to sell land for " fied manner, refused to perform his side of the contract,...rescind it, and may, on doing so, immediately sue on a li quantum meruit for anything which he had done under " it previous to the rescission." This, of course,... | |
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And it is further submitted, that it is an invariably true proposition, that, wherever one of the parties to a special contract not under seal has. in an unqualified manner, refused to perform his side of the contract, or has disabled himself from performing... 
