The Digest of English Case Law Containing the Reported Decisions of the Superior Courts: And a Selection from Those of the Irish Courts [from 1557] to the End of 1897, 4. köideSweet and Maxwell, 1898 |
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Page 105
... entitled to an injunction to restrain such breach . That it was further agreed that if the respondent committed a breach of the agreement the petitioner should be entitled to proceed in this court for a declaration of nullity . Averment ...
... entitled to an injunction to restrain such breach . That it was further agreed that if the respondent committed a breach of the agreement the petitioner should be entitled to proceed in this court for a declaration of nullity . Averment ...
Page 189
... entitled if the goods had been shipped or unshipped in the Bute Dock . The Taff Vale Company subsequently took a lease of the Pen- arth Harbour and Dock Railway , and used this harbour and dock for the shipment and unship- ment of goods ...
... entitled if the goods had been shipped or unshipped in the Bute Dock . The Taff Vale Company subsequently took a lease of the Pen- arth Harbour and Dock Railway , and used this harbour and dock for the shipment and unship- ment of goods ...
Page 293
... entitled to the purchase money , and to the compensation for severance ; and , secondly , that the railway company was bound to pay the costs of the infant devisee . Manchester and Southport Ry . , In re , 19 Beav . 365 . Notice to ...
... entitled to the purchase money , and to the compensation for severance ; and , secondly , that the railway company was bound to pay the costs of the infant devisee . Manchester and Southport Ry . , In re , 19 Beav . 365 . Notice to ...
Page 295
... entitled . By an agreement , not under seal , made between D. and two of the directors of the company , the parties thereto bound them- selves to abide by the determination of the arbitrators and umpire therein named as to purchase ...
... entitled . By an agreement , not under seal , made between D. and two of the directors of the company , the parties thereto bound them- selves to abide by the determination of the arbitrators and umpire therein named as to purchase ...
Page 305
... entitled to the difference . Cant's Estate , In re , 4 De G. & J. 503 ; 28 L. J. , Ch . 641 ; 6 Jur . ( N.s. ) 183 ; 7 W. R. 624 . Money liable to be Invested in Land - Fund in Court - Accumulations - Devise of Real Estate ...
... entitled to the difference . Cant's Estate , In re , 4 De G. & J. 503 ; 28 L. J. , Ch . 641 ; 6 Jur . ( N.s. ) 183 ; 7 W. R. 624 . Money liable to be Invested in Land - Fund in Court - Accumulations - Devise of Real Estate ...
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9 Jur act of parliament action admitted afterwards agreed agreement alleged allowed amount applied appointed assignment Att.-Gen attorney Beav bill borough breach by-law cause charge charter claim clerk common seal consent consideration contract copy copyhold coroner corporation costs court court of equity covenant custom death debts declaration deed defendant defendant's devised directed entered entitled equity evidence executed executors freebench freehold granted heir Held illegal injunction jury land lease letter lord mandamus manor marriage master ment Municipal Corporations paid party payment performance personal estate personalty plaintiff promise proprietor published purchase purpose real estate recover refused registered remainderman rent restrain restraint of trade resulting trust sell sold solicitor specific performance Statute of Frauds sufficient suit surrender taxation tenant tion trade trial trust vendor verdict Vict void wife
Popular passages
Page 69 - P. 249), and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended by some positive rule of law ; but can give no original right of action, if the obligation on which it is founded never could have been enforced at law, though not barred by any legal maxim or statute provision.
Page 73 - An express promise, therefore, as it should seem, can only revive a precedent good consideration which might have been enforced at law through the medium of an implied promise had it not been suspended by some positive rule of law, but can give no original right of action if the obligation on which it is founded never could have been enforced at law, though not barred by any legal maxim or statute provision.
Page 123 - The test," says Judge Duncan in Swan v. Scott, 11 Serg. & R. 164, "whether a demand connected with an illegal transaction is capable of being enforced at law, is whether the plaintiff requires the aid of the illegal transaction to establish his case.
Page 83 - Now, an implied warranty, or, as it is called, a covenant in law, as distinguished from an express contract or express warranty, really is in all cases founded on the presumed intention of the parties, and upon reason. The implication which the law draws from what must obviously have been the intention of the parties, the law draws with the object of giving efficacy to the transaction and preventing such a failure of consideration as cannot have been within the contemplation of either side...
Page 123 - The general rule is that where you cannot sever the illegal from the legal part of a covenant, the contract is altogether void; but, where you can sever them, whether the illegality be created by statute or by the common law, you may reject the bad part and retain the good.
Page 113 - There seems no doubt that where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become unexpectedly burdensome or even impossible.
Page 59 - B. and the survivor of them, and the executors or administrators of such survivor...
Page 117 - 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.
Page 681 - Master shall direct ; and any of the Parties are to be at liberty to apply to the Court as there shall be Occasion.