The Law of Contracts and Promises Upon Various Subjects and with Particular Persons: As Settled in the Action of Assumpsit ...A. Strahan, 1824 - 654 halaman |
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Halaman 1
... transactions of business between individuals , contracts and agreements are most commonly entered into either by word of mouth , or in writing with their signatures merely . Contracts and agreements of this description , however , are ...
... transactions of business between individuals , contracts and agreements are most commonly entered into either by word of mouth , or in writing with their signatures merely . Contracts and agreements of this description , however , are ...
Halaman 28
... transaction ; unless indeed where both parties are in pari delicto , and one is endea- vouring to enforce the contract against the other ; in which case both the parties shall be estopped from contradicting the express terms of the ...
... transaction ; unless indeed where both parties are in pari delicto , and one is endea- vouring to enforce the contract against the other ; in which case both the parties shall be estopped from contradicting the express terms of the ...
Halaman 40
... transaction requires their performance . ( i ) The learned editor of Pothier on Contracts , ( k ) in considering these general rules , has illustrated them by the following familiar examples : first , a landlord and tenant enter into ...
... transaction requires their performance . ( i ) The learned editor of Pothier on Contracts , ( k ) in considering these general rules , has illustrated them by the following familiar examples : first , a landlord and tenant enter into ...
Halaman 45
... transaction , and that cannot be admitted for want of a proper stamp , the transaction cannot be proved at all ; as , in action for use and occupation , if it appears that the defendant held under a written agreement , which for want of ...
... transaction , and that cannot be admitted for want of a proper stamp , the transaction cannot be proved at all ; as , in action for use and occupation , if it appears that the defendant held under a written agreement , which for want of ...
Halaman 46
... transaction is capable of being proved by other evidence besides the written instrument ; and the ob- jection arising from the stamp acts may be avoided by resorting to that other species of proof . ( a ) A lost agreement , however ...
... transaction is capable of being proved by other evidence besides the written instrument ; and the ob- jection arising from the stamp acts may be avoided by resorting to that other species of proof . ( a ) A lost agreement , however ...
Istilah dan frasa umum
accept action for money action of assumpsit action of indebitatus action was brought afterwards agent agreed agreement amount annuity appeared assumpsit for money bankrupt bill of exchange bill of lading bond broker buyer Campb carrier common carrier common law consideration contract court of equity covenant Cowp creditor damages debt declared defendant defendant's delivery determined East Rep entitled to recover evidence expence feme covert fendant given held horse husband indebitatus assumpsit indorsement infant judgment jury King's Bench letter liable Lord Ellenborough Ch Lord Kenyon Ch Lord Mansfield marriage money paid nonsuit notice opinion parties partner partnership payment penalty perform plaintiff principal promise to pay promissory note proved purchase received recover back refused rent rule sell seller servant ship stamp statute of frauds Taunt Term Rep thereof trade transaction trial trover usury vendee vendor verdict Vide void warranty wife
Bagian yang populer
Halaman 190 - The fourth section of the statute of frauds (a) enacts, that 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 miscarriages, of another person...
Halaman 456 - ... unless the agreement upon which such action shall be brought, or some memorandum or...
Halaman 176 - 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 say so.
Halaman 344 - In one word, the gist of this kind of action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money'.
Halaman 23 - ... the subject-matter, as by the known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of the same words; or unless the context evidently points out that they must, in the particular instance and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.
Halaman 81 - ... 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.
Halaman 42 - ... if a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen before the thing which is the consideration of the money, or other act is to be performed, an action may be brought for the money, or for not doing such other act before performance ; for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent.
Halaman 42 - Where a covenant goes only to part of the consideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant; and an action may be maintained for a breach of the covenant on the part of the defendant, without averring performance in the declaration.
Halaman 587 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Halaman 587 - Lisbon (the Act of God, the Queen's Enemies, Fire, and all and every other Dangers and Accidents of the Seas, Rivers, and Navigation...