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. köide |
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Page 57
Langley , 11 L. J. , Ch . 17 . agreement may be signed on behalf of the company by any person acting under the express or implied authority of the company . By the memorandum of association it appeared that one of the objects of the ...
Langley , 11 L. J. , Ch . 17 . agreement may be signed on behalf of the company by any person acting under the express or implied authority of the company . By the memorandum of association it appeared that one of the objects of the ...
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accepted action admitted afterwards agreed agreement alleged allowed amount answer appeared applied appointed assignment bill borough breach brought carry cause charge charter claim condition consideration contained contract copy copyhold corporation costs council court covenant custom death debts deed defendant devised directed effect entered entitled evidence executed Frauds fund give given granted ground heir Held hold injunction intended interest issue land lease letter lord manor master ment notice obtained offer paid party passed payment performance person personal estate plaintiff possession promise published purchase question real estate reasonable received recover reference refused remainder rent respect rule sell shares signed sold solicitor Statute sufficient suit surrender taken tenant tion trade trial trust Vict void wife writing
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.
Bibliographic information
| Pealkiri | 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. köide 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, John Mews |
| Autor | John Mews |
| Publisher | Sweet and Maxwell, 1898 |
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