Principles of Mercantile LawMetropolitan College, 1922 - 518 pages |
From inside the book
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Page 6
... performance , that is , the actual carrying out of the contract in the agreed terms , although specific per- formance will not , as a rule , be granted if ( 1 ) consideration is lacking , ( 2 ) it would be inequitable , ( 3 ) ...
... performance , that is , the actual carrying out of the contract in the agreed terms , although specific per- formance will not , as a rule , be granted if ( 1 ) consideration is lacking , ( 2 ) it would be inequitable , ( 3 ) ...
Page 8
... performance of matters in fulfilment thereof . The con- ditions under which such agreements are of legally binding effect will be considered in the ensuing chapters ; but if they are binding agreements or contracts - then they will give ...
... performance of matters in fulfilment thereof . The con- ditions under which such agreements are of legally binding effect will be considered in the ensuing chapters ; but if they are binding agreements or contracts - then they will give ...
Page 12
... performance will not be granted in equity . ( 2 ) A contract by deed merges in itself — that is , swallows up or supersedes - a simple contract to the same effect between the same parties . ( 3 ) Statements in simple contracts are ...
... performance will not be granted in equity . ( 2 ) A contract by deed merges in itself — that is , swallows up or supersedes - a simple contract to the same effect between the same parties . ( 3 ) Statements in simple contracts are ...
Page 19
... performance . If a contract falling under Section 4 of the Statute of Frauds has been partly performed , such part- performance being clearly attributable to the existence of the con- tract , then , if the contract is one which might be ...
... performance . If a contract falling under Section 4 of the Statute of Frauds has been partly performed , such part- performance being clearly attributable to the existence of the con- tract , then , if the contract is one which might be ...
Page 34
... performance would not be granted against the infant , the latter cannot himself sue for specific performance . An infant sues by his " next 34 PRINCIPLES OF MERCANTILE LAW Taylor (1887) 247 Phillips (1918) Charlton (1878) 120 Overton (1833)
... performance would not be granted against the infant , the latter cannot himself sue for specific performance . An infant sues by his " next 34 PRINCIPLES OF MERCANTILE LAW Taylor (1887) 247 Phillips (1918) Charlton (1878) 120 Overton (1833)
Common terms and phrases
acceptance acceptor act of bankruptcy action adjudged bankrupt agent agreement amount apply appointed arbitrator assignment authority bank banker bill of exchange Bills of Sale Board of Trade breach buyer cheque commencement composition or scheme condition consent contract of sale court creditors damages debt debtor deemed delivery discharge dissolution dividend documents drawee drawer duty effect entitled firm fraud given held indorser instrument interest judgment liable lien limited partner limited partnership ment mortgage necessary negotiable negotiable instruments official receiver otherwise owner paid party payable payment person petition possession presentment principal proceedings profits promissory note protest purpose reasonable receiving order registered registrar respect rule scheme of arrangement Scotland seller shares ship stamp statute Statute of Frauds surety thereof tion transaction transfer trustee United Kingdom unless Vict void warranty winding-up
Popular passages
Page 361 - The buyer is deemed to have accepted the goods when he intimates to the seller that he has accepted them, or when the goods have been delivered to him, and he does any act in relation to them which is inconsistent with the ownership of the seller, or when, after the lapse of a reasonable time he retains the goods without intimating to the seller that he has rejected them.
Page 11 - A contract for the sale of any goods of the value of ten pounds or upwards shall not be enforceable by action unless the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract be made and signed by the party to be charged or his agent in that behalf.
Page 361 - Subject to the provisions of this Act, when the buyer of goods becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them in transitu, that is to say, he may resume possession of the goods as long as they are in course of transit, and may retain them until payment or tender of the price.
Page 326 - On or at a fixed period after the occurrence of a specified event, which is certain to happen, though the time of happening be uncertain. An instrument payable upon a contingency is not negotiable, and the happening of the event does not cure the defect.
Page 361 - Where goods are delivered to the buyer, which he has not previously examined, he is not deemed to have accepted them unless and until he has had a reasonable opportunity of examining them for the purpose of ascertaining whether they are in conformity with the contract.
Page 351 - A bill must be protested at the place where it is dishonored, except that when a bill drawn payable at the place of business or residence of some person other than the drawee, has been dishonored by non-acceptance, it must be protested for nonpayment at the place where it is expressed to be payable; and no further presentment for payment to, or demand on, the drawee is necessary.
Page 334 - Where a bill is addressed to two or more drawees who are not partners, presentment must be made to them all...
Page 192 - And it is agreed by us, the insurers, that this writing or policy of assurance shall be of as much force and effect as the surest writing or policy of assurance heretofore made in Lombard Street, or in the Royal Exchange, or elsewhere in London.
Page 26 - No action shall be brought whereby to charge any person upon any promise made after full age to pay any debt contracted during infancy, or upon any ratification made after full age of any promise or contract made during infancy, whether there shall or shall not be any new consideration for such promise or ratification after full age.
Page 325 - mean any part of the United Kingdom of Great Britain and Ireland, the islands of Man, Guernsey, Jersey, Alderney, and Sark, and the islands adjacent to any of them being part of the dominions of her Majesty. (2) Unless the contrary appear on the face of the bill the holder may treat it as an inland bill.