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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Results 1-5 of 87
Page 5
... Notice relieving Owner of Tug against Negligence of Servants . ] - Where the owners of a tug gave notice that they would not be answer- able for any loss or damage occasioned to any tow by any negligence or default of them or their ...
... Notice relieving Owner of Tug against Negligence of Servants . ] - Where the owners of a tug gave notice that they would not be answer- able for any loss or damage occasioned to any tow by any negligence or default of them or their ...
Page 29
... notice to the dockmaster that he was ready for unloading . In consequence , however , of there being already several ... notice . B. performs under this proposal . Notice is given by letter to B. to determine the em- ployment , unless B ...
... notice to the dockmaster that he was ready for unloading . In consequence , however , of there being already several ... notice . B. performs under this proposal . Notice is given by letter to B. to determine the em- ployment , unless B ...
Page 69
... notice . Afterwards the company carried on business as a tailor in D. The state- gave notice to determine the contract at the ment of defence alleged that the contract was expiration of six months . P. & Co. continued to not in writing ...
... notice . Afterwards the company carried on business as a tailor in D. The state- gave notice to determine the contract at the ment of defence alleged that the contract was expiration of six months . P. & Co. continued to not in writing ...
Page 71
... notice of their disapprobation and of their intention to sell the patent , then the payment of the first instalment should be suspended ; and if , having given such notice , they should , within six months , sell the patent , the ...
... notice of their disapprobation and of their intention to sell the patent , then the payment of the first instalment should be suspended ; and if , having given such notice , they should , within six months , sell the patent , the ...
Page 79
... notice , is a good answer . Gore v . Gibson , 13 M. & W. 623 ; 14 L. J. , Ex . 151 ; 9 Jur . 140 . In an action on an alleged contract to purchase land to recover loss and expenses on a resale : — Held , that if the purchaser was , at ...
... notice , is a good answer . Gore v . Gibson , 13 M. & W. 623 ; 14 L. J. , Ex . 151 ; 9 Jur . 140 . In an action on an alleged contract to purchase land to recover loss and expenses on a resale : — Held , that if the purchaser was , at ...
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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.