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 37
... plaintiffs and the defendant met on the field : the defendant wished to have a piece in one of the angles , and the plaintiff stepped so as to mark out where a base line would cut off half an acre . Some days afterwards the same plaintiff ...
... plaintiffs and the defendant met on the field : the defendant wished to have a piece in one of the angles , and the plaintiff stepped so as to mark out where a base line would cut off half an acre . Some days afterwards the same plaintiff ...
Page 43
... plaintiff , by letter dated September 15 : " Burton , Balderson . Dear Sir , -We hereby guarantee the safety of the ... plaintiff A. advanced to Burton on mortgage of the estate at T. the sum of 3607. , through the defendants . In 1891 ...
... plaintiff , by letter dated September 15 : " Burton , Balderson . Dear Sir , -We hereby guarantee the safety of the ... plaintiff A. advanced to Burton on mortgage of the estate at T. the sum of 3607. , through the defendants . In 1891 ...
Page 45
... plaintiff , and that S. & Co. paid all moneys due from them to the plaintiff , for which the judgment was to be such security . Replication , that a deed was made between S. & Co. and the plaintiff , whereby , after reciting the ...
... plaintiff , and that S. & Co. paid all moneys due from them to the plaintiff , for which the judgment was to be such security . Replication , that a deed was made between S. & Co. and the plaintiff , whereby , after reciting the ...
Page 67
... plaintiff , according to the was a valid contract within the Statute of rules and regulations of the society , through the Frauds , s . 4 , by the company to employ the bishop of the diocese , by forwarding the same to plaintiffs during ...
... plaintiff , according to the was a valid contract within the Statute of rules and regulations of the society , through the Frauds , s . 4 , by the company to employ the bishop of the diocese , by forwarding the same to plaintiffs during ...
Page 75
... plaintiff , who was proposing to enter into business as a milliner , was induced by C. to abandon the project , C. promising her verbally that she should occupy a leasehold house of C.'s during her ( the plaintiff's ) life , the plaintiff ...
... plaintiff , who was proposing to enter into business as a milliner , was induced by C. to abandon the project , C. promising her verbally that she should occupy a leasehold house of C.'s during her ( the plaintiff's ) life , the plaintiff ...
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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.