A Treatise on DeedsSweet and Maxwell, 1906 - 694 pages |
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Page 65
... included in the description of the parcels ) . In such cases the parties are not ad idem , and there is consequently no contract . · • words . " I cannot admit that there is any such presumption against ful- Superfluous ness or even ...
... included in the description of the parcels ) . In such cases the parties are not ad idem , and there is consequently no contract . · • words . " I cannot admit that there is any such presumption against ful- Superfluous ness or even ...
Page 73
... included the Mauritius : Robertson v . Clarke ( 1824 ) , 1 Bing . 445 . In an open policy on freight : that " freight " meant by usage the gross , and not the net amount of the freight : Palmer v . Blackburn ( 1822 ) , 1 Bing . 61 . 73 ...
... included the Mauritius : Robertson v . Clarke ( 1824 ) , 1 Bing . 445 . In an open policy on freight : that " freight " meant by usage the gross , and not the net amount of the freight : Palmer v . Blackburn ( 1822 ) , 1 Bing . 61 . 73 ...
Page 98
... included in the lease , with a proviso that in exercising such powers the working of the mines demised should not be unnecessarily interfered with , such proviso was held void for uncertainty : Mundy v . Duke of Rutland ( 1883 ) , 23 Ch ...
... included in the lease , with a proviso that in exercising such powers the working of the mines demised should not be unnecessarily interfered with , such proviso was held void for uncertainty : Mundy v . Duke of Rutland ( 1883 ) , 23 Ch ...
Page 116
... included in the mort- gage security ) pay the sum advanced , we think it impossible to conclude that at the same time he made himself absolutely liable for the payment of it simpliciter ; and at all events to do so would be to create a ...
... included in the mort- gage security ) pay the sum advanced , we think it impossible to conclude that at the same time he made himself absolutely liable for the payment of it simpliciter ; and at all events to do so would be to create a ...
Page 120
... included in the ninety - nine ; and Dolben , J. , said : " the words , from thence next ensuing , ' may be referred to the beginning of the first term , or to the end of it ; " whereupon Scroggs , C.J. , said : " therefore it standing ...
... included in the ninety - nine ; and Dolben , J. , said : " the words , from thence next ensuing , ' may be referred to the beginning of the first term , or to the end of it ; " whereupon Scroggs , C.J. , said : " therefore it standing ...
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Common terms and phrases
admissible agreement alteration ambiguity Anon applies appointment appurtenant Beav begotten body child cited clause common law construction construed contract conveyance conveyed corporation Court covenant coverture daughters death deed deed poll default delivery demise easements eldest Eliz entitled estate pur autre estate tail estoppel evidence executed executors expressed fee simple fee tail feoffee feoffment freehold gift grant grantor habendum heirs and assigns heirs male Held hereditaments instrument intention interest issue joint tenants land lease lessee Litt Lord manor marriage marriage settlement meaning ment messuage Moore mortgage parties pass patent ambiguity person personalty plaintiff premises provision pur autre vie purchase Raym recital release rent rule S. C. sub nom seal seised seisin settlor share Shep Statute take effect tenants in common tenement term tion trust usage vested Vict void word heirs
Popular passages
Page 535 - Where a covenant goes only to part of the consideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant; and an action may be maintained for a breach of the covenant on the part of the defendant, without averring performance in the declaration.
Page 131 - It has long been settled, that, in commercial transactions, extrinsic evidence of custom and usage is admissible to annex incidents to written contracts, in matters with respect to which they are silent. The same rule has also been applied to contracts in other transactions of life, in which known usages have been established and prevailed ; and this has been done upon...
Page 524 - If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed ; an action may be brought for the money, or for not doing such other act before performance, for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent. And so it is where no time is fixed for performance of that, which is...
Page 54 - The cases I think go further to this extent, that if the settlement is intended to be effectuated by one of the modes to which I have referred, the court will not give effect to it by applying another of those modes.
Page 57 - ... as by the known usage of trade, or the like, acquired a peculiar sense, distinct from the popular sense of the same words...
Page 27 - ... inasmuch as the written words are the immediate language and terms selected by the parties themselves for the expression of their meaning, and the printed words are a general formula adapted equally to their case and that of all other contracting parties upon- similar occasions and subjects."— Robertson v.
Page 73 - Where there is nothing in the context of a will from which it is apparent that a testator has used the words in which he has expressed himself in any other than their strict and primary sense...
Page 74 - ... to be interested under the will, and to the property which is claimed as the subject of disposition, and to the circumstances of the testator and of his family and affairs; for the purpose of enabling the court to identify the person or thing intended by the testator...
Page 535 - The distinction is very clear : where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other ; but where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 98 - Ambiguitas patens is never holpen by averment, and the reason is, because the law will not couple and mingle matter of specialty, which is of the higher account, with matter of averment, which is of inferior account in law...