The Law of the Contract of SaleDavis and Amer, 1853 - 440 pages |
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Page viii
... Evidence by Mr. Phillipps and the late Mr. Starkie , - by each of them certainly in his own peculiar mode , but by both in a high spirit of philosophy and logical accuracy . In writing the following work , my primary object was ...
... Evidence by Mr. Phillipps and the late Mr. Starkie , - by each of them certainly in his own peculiar mode , but by both in a high spirit of philosophy and logical accuracy . In writing the following work , my primary object was ...
Page xxxvi
... evidence were so arbitrary and exclusive , that a great deal of labour and much personal inquiry and investigation were ne- cessary to collect a sufficient amount of that secondary and imperfect evidence which was alone admissible ; and ...
... evidence were so arbitrary and exclusive , that a great deal of labour and much personal inquiry and investigation were ne- cessary to collect a sufficient amount of that secondary and imperfect evidence which was alone admissible ; and ...
Page xlii
... Evidence , which has been made familiar to us by Mr. Pitt Taylor's edition ; but it cannot fail to be observed , that it is built entirely on the Treatises of Phillipps and Starkie . I cannot look upon Greenleaf's book as anything more ...
... Evidence , which has been made familiar to us by Mr. Pitt Taylor's edition ; but it cannot fail to be observed , that it is built entirely on the Treatises of Phillipps and Starkie . I cannot look upon Greenleaf's book as anything more ...
Page xlix
... evidence , and con- ducted the business in Court , so that a few short notes of its main points were suffi- cient for his guidance . Upon the whole , substantially , the thing came very near what we now see in our County Courts . d ...
... evidence , and con- ducted the business in Court , so that a few short notes of its main points were suffi- cient for his guidance . Upon the whole , substantially , the thing came very near what we now see in our County Courts . d ...
Page lxv
... EVIDENCE OF THE CONTRACT . SECT . 1. - Evidence of Contract for Sale of Real Estate . STATUTE OF FRAUDS , S. 4 , 111 ; what is an interest in land within this section , 114 ; shares , ib .; growing crops , ib .; trees and underwood dis ...
... EVIDENCE OF THE CONTRACT . SECT . 1. - Evidence of Contract for Sale of Real Estate . STATUTE OF FRAUDS , S. 4 , 111 ; what is an interest in land within this section , 114 ; shares , ib .; growing crops , ib .; trees and underwood dis ...
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Common terms and phrases
acceptance action agent agreed agreement amount ascer assignees attorney Beav biddings bill of lading Bing chaser chattel circumstances Clerk considered contract of sale conveyance counsel Court held Court of Chancery Court of equity decree deed defendant delivered delivery deposit effect enforce entitled Exch ground Hare indorsed interest lease liable lien Lincoln's Inn Lord Cottenham Lord Eldon Lord Ellenborough Lord Langdale lots Madd Master ment necessary notice observed paid parol evidence particular party payment person plaintiff possession principle purchase-money purchaser purpose question receipt reference refused rent rescind right of stoppage rule sale of land SECT sell seller shew shewn ship signed Smith sold solicitor specific performance Statute of Frauds stipulation subject of sale sufficient tenant tion tract transaction transitu trustee unless vendee vendor Vict void warranty
Popular passages
Page 234 - Such notice may be given either to the person in actual possession of the goods or to his principal. In the latter case the notice, to be effectual, must be given at such time and under such circumstances that the principal, by the exercise of reasonable diligence, may communicate it to his servant or agent in time to prevent a delivery to the buyer.
Page 137 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 6 - That no Action shall be maintained whereby to charge any Person upon any Promise made after full Age to pay any Debt contracted during Infancy, or upon any Ratification after full Age of any Promise or Simple Contract made during Infancy, 'unless such Promise or Ratification shall be made by some Writing signed by the Party to be charged therewith.
Page 110 - ... hereditaments, made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorized by writing, shall have the force and effect of leases or estates at will only, and shall not either in law or equity be deemed or taken to have any other or greater force or effect; any consideration for making any such parol leases or estates, or any former law or usage, to the contrary notwithstanding.
Page 277 - ... where the misdescription, although not proceeding from fraud, is in a material and substantial point, so far affecting the subjectmatter of the contract, that it may reasonably be supposed, that, but for such misdescription, the purchaser might never have entered into the contract at all, in such case the contract is avoided altogether, and the purchaser is not bound to resort to the clause of compensation.
Page 138 - ... shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Page 110 - ... shall have the force and effect of leases or estates at will only, and shall not either in law or equity be deemed or taken to have any other or greater force or effect; any consideration for making any such parol leases or estates, or any former law or usage, to the contrary notwithstanding. II. Except nevertheless all leases not exceeding the term of three years from the making thereof, whereupon the rent reserved to the landlord, during such term, shall amount unto two third parts at the least...
Page 43 - Every contract made for or about any matter or thing which is prohibited and made unlawful by any statute is a void contract, though the statute itself does not mention that it shall be so, but only inflicts a penalty on the offender, because a penalty implies a prohibition, though there are no prohibitory words in the statute.
Page 102 - ... no tradesman, artificer, workman, labourer, or other person whatsoever shall do or exercise any worldly labour, business or work of their ordinary callings, upon the Lord's Day, or any part thereof (works of necessity and charity only excepted...
Page 138 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...