The Law of Contracts: In a Course of Lectures Delivered at the Law InstitutionW. Benning, 1847 - 386 pages |
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Page xvi
... assumpsit . Where assumpsit lies , 299 . -Tortious breaches of contract , 300. - Action of account , 302 . The policy of statutes of limitation , 304.- -Limit as to scire facias . Limit as to action of debt on deed , 305. Limit as to ...
... assumpsit . Where assumpsit lies , 299 . -Tortious breaches of contract , 300. - Action of account , 302 . The policy of statutes of limitation , 304.- -Limit as to scire facias . Limit as to action of debt on deed , 305. Limit as to ...
Page 56
... assumpsit as upon a warranty , be- cause there was no written memorandum of what passed ; but he brought an action on the case in which he accused A. of having knowingly de- ceived him as to B.'s ability to pay : and if the jury thought ...
... assumpsit as upon a warranty , be- cause there was no written memorandum of what passed ; but he brought an action on the case in which he accused A. of having knowingly de- ceived him as to B.'s ability to pay : and if the jury thought ...
Page 57
... assumpsit for breach of promise of marriage . The jury found the promise , and found also that ( a ) The absence of a written memorandum under this statute may be given in evidence under the general issue , and must not be spe- cially ...
... assumpsit for breach of promise of marriage . The jury found the promise , and found also that ( a ) The absence of a written memorandum under this statute may be given in evidence under the general issue , and must not be spe- cially ...
Page 73
... assumpsit for the price of the goods . ( See also Coleman v . Gibson , 1 M. & Rob . 168. ) The same doc- trine was applied in the case of Bushel v . Wheeler , 8 Jurist , 532. , to acceptance under the seventeenth section of the statute ...
... assumpsit for the price of the goods . ( See also Coleman v . Gibson , 1 M. & Rob . 168. ) The same doc- trine was applied in the case of Bushel v . Wheeler , 8 Jurist , 532. , to acceptance under the seventeenth section of the statute ...
Page 88
... assumpsit ( a ) . Thus , let us suppose I promise ( a ) The consideration is the cause of the contract . Plowden , citing the civil law , gives this definition : - " Nu- dum pactum est ubi nulla subest causa pr¿ter conven- tionem ; sed ...
... assumpsit ( a ) . Thus , let us suppose I promise ( a ) The consideration is the cause of the contract . Plowden , citing the civil law , gives this definition : - " Nu- dum pactum est ubi nulla subest causa pr¿ter conven- tionem ; sed ...
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Common terms and phrases
15 Law Journ 9 Geo acceptance agent agreement antè arises assent assignees assumpsit authority bailment bankrupt bill of lading bind Bing bond buyer Camp charge chose in action common law consideration contract by deed Court Court of Exchequer creditor debtor decided defendant delivered delivery distinction doctrine East effect enacts enforced entered estoppel evidence Exchequer executed given guarantee held husband illegal implied infant instance Jones judgment jury lecture liable Lord Lord DENMAN marriage ment mise necessary obligation paid parol partner partnership party payment performed person plaintiff principle promissory note purchase question recover remedy request require rule Saund scire facias seal shareholder shew sideration simple contract Smith sold stamp statute of Anne statute of Frauds sued sufficient suprà Taunt TINDAL C. J. tion tract usury vendee vendor Vict void wife words writing
Popular passages
Page 19 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 33 - ... 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, or some other person thereunto by him lawfully authorized.
Page 320 - Provided always, that nothing herein contained shall alter or take away or lessen the effect of any payment of any principal or interest made by any person whatsoever...
Page 118 - P. 249] , and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended by some positive rule of law; but can give no original cause of action, if the obligation, on which it is founded, never could have been enforced at law, though not barred by any legal maxim or statute provision.
Page 247 - Document of title to goods" includes any bill of lading, dock warrant, warehouse receipt or order for the delivery of goods, or any other document used in the ordinary course of business...
Page 71 - ... 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...
Page 214 - 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 65 - States provides, among other things, that no action shall be brought to charge any person upon any contract or sale of lands or any interest in or concerning them...
Page 150 - That 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 doth 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 114 - The first count of the declaration, upon which alone the question arises, stated that, in consideration that the plaintiff, at the request of the defendant, had bought of the defendant a horse for the sum of £30, the defendant promised that it was sound and free from vice.