A Treatise on the Law of Contracts
Sweet & Maxwell, 1896 - 806 pages
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Common terms and phrases
acceptance action agent agreed agreement amount appear apply authority Bank bill binding Bing bound breach carrier charge claim common condition consideration contract Court covenant creditor damages debt debtor deed defendant delivered demand discharge East effect entered entitled evidence Exch Exchange execution express fact fraud give given held husband illegal implied infant intention interest judgment L. J. Ch L. J. Ex land latter lease liable limited London Lord marriage married meaning ment necessary notice paid particular party payment performance person plaintiff principal promise prove purchaser Rail reasonable received recover rent respect rule Scott sect seller separate Smith stamp statute sufficient surety taken Taunt tenant tender thereof third tion trade unless Vict void wife writing
Page 324 - ... any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith...
Page 371 - Provided that where delivery has been delayed through the fault of either buyer or seller the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault.
Page 370 - Where there is a contract to sell unascertained or future goods by description, and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer, or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. Such assent may be expressed or implied, and may be given either before or after the appropriation is made.
Page 454 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand, or at a fixed or determinable future time, a sum certain in money to, or to the order of a specified person, or to bearer.
Page 102 - June no action shall be brought whereby to charge any executor or administrator upon any special promise, to answer damages out of his own estate...
Page 373 - ... the same in good faith, and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of the goods to make the same.
Page 375 - Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the whole.
Page 728 - Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal chose in action, of which express notice in writing shall have been given to the debtor...
Page 382 - ... the option of retaining the goods on payment of damages. The judgment or decree may be unconditional, or upon such terms and conditions as to damages, payment of the price and otherwise, as to the court may seem just.
Page 376 - 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.