A Treatise on the Law of Vendor and Purchaser of Real Estate and Chattels Real: Intended for the Use of Conveyancers of Either Branch of the Profession, 2. köideSweet and Maxwell, 1906 - 1143 pages |
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Page 626
... proved to be so numerous that his adherence to this design has cer- tainly contributed to retard the completion of his treatise but for this he hopes to meet with the reader's indulgence . He may mention that at the very outset he has ...
... proved to be so numerous that his adherence to this design has cer- tainly contributed to retard the completion of his treatise but for this he hopes to meet with the reader's indulgence . He may mention that at the very outset he has ...
Page 629
... prove either that she was entitled to the estate assured as her separate property , or that , if she were a trustee thereof , she had power to convey the same as a bare trustee ( t ) . It is contended that the decision of Chitty , J ...
... prove either that she was entitled to the estate assured as her separate property , or that , if she were a trustee thereof , she had power to convey the same as a bare trustee ( t ) . It is contended that the decision of Chitty , J ...
Page 636
... proving error in Misleading conduct PAGE .... 687 Specific performance may be re- sisted in some cases where the contract cannot be rescinded .. C87 Hope v . Walter 687 Specific performance not granted the person 676 Smith v ...
... proving error in Misleading conduct PAGE .... 687 Specific performance may be re- sisted in some cases where the contract cannot be rescinded .. C87 Hope v . Walter 687 Specific performance not granted the person 676 Smith v ...
Page 637
... proved . Olley v . Fisher Distinction where a parol varia- tion is proved , and where the defendant's own mistake is ..... PAGE 707 707 710 alone proved Where a parol variation is pleaded in defence , the relief may vary according to ...
... proved . Olley v . Fisher Distinction where a parol varia- tion is proved , and where the defendant's own mistake is ..... PAGE 707 707 710 alone proved Where a parol variation is pleaded in defence , the relief may vary according to ...
Page 638
... proved to give rise to the right to rescind a con- tract for misrepresentation .... 733 1. Falsity essential 2. There must be a represen- tation ...... 733 733 734 Ambiguous statements ..... Promise not properly a represen tation ...
... proved to give rise to the right to rescind a con- tract for misrepresentation .... 733 1. Falsity essential 2. There must be a represen- tation ...... 733 733 734 Ambiguous statements ..... Promise not properly a represen tation ...
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Common terms and phrases
affirmed agent agreement alienation appears applied authorised authority avoid Bank of England Beav breach breach of contract cited claim common law consent convey conveyance corporation Court Courts of Equity coverture damages deed defendant discharged enforce entitled equity estate or interest estopped estoppel executed exercise Expte fact fee simple feme sole formance fraud fraudulent ground incumbrances induced infant intention land sold Land Transfer Rules lease legal estate liability lien Litt marriage married woman ment misrepresentation mistake mortgage obligation payment Perf person plaintiff principal purchase money purchaser's Real Prop recover rectification registered land representation rescind the contract rescission restitutio in integrum sale of land separate property Smith specific performance Stat statute Statute of Frauds stipulation therein thereof tion tract trustee ubi sup undue influence valid Vict void voidable wife
Popular passages
Page 958 - ... such as may fairly and reasonably be considered either arising naturally — that is, according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 796 - 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...
Page 795 - All contracts, whether by specialty or by simple contract, henceforth entered into by infants for the repayment of money lent or to be lent, or for goods supplied or to be supplied (other than contracts for necessaries) , and all accounts stated with infants, shall be absolutely void...
Page 840 - A married woman shall be capable of entering into and rendering herself liable in respect of and to the extent of her separate property on any contract...
Page 822 - Notwithstanding that a married woman is restrained from anticipation, the Court may, if it thinks fit, where it appears to the Court to be for her benefit, by judgment or order, with her consent, bind her interest in any property.
Page 704 - ... all such remedies whatsoever as any of the parties thereto may appear to be entitled to in respect of any and every legal or equitable claim properly brought forward by them respectively in such cause or matter ; so that as far as possible all matters so in controversy between the said parties respectively may be completely and finally determined, and all multiplicity of legal proceedings concerning any of such matters avoided.
Page 860 - ... Contracts on behalf of a company may be made as follows :— (a) A contract which if made...
Page 813 - Real and personal property of every description may be taken, acquired, held, and disposed of by an alien in the same manner in all respects as by a natural-born British subject ; and a title to real and personal property of every description" may be derived through, from, or in succession to an alien in the same manner in all respects as through, from, or in succession to a natural-born British subject...
Page 963 - ... the difference between the contract price and the value of the land at the time of the breach...
Page 828 - Act, be capable of acquiring, holding, and disposing by will or otherwise, of any real or personal property as her separate property, in the same manner as if she were a feme sole, without the intervention of any trustee.