A Treatise on the Law of Contracts and Rights and Liabilities Ex ContractuLea and Blanchard, 1847 - 910 pages |
From inside the book
Results 1-5 of 100
Page 2
... evidence only of the debt or of the act of payment , or of the existence of the alleged consideration , it may be contra- dicted by opposite evidence , and there is no legal objection to the party's showing , if he can , that the ...
... evidence only of the debt or of the act of payment , or of the existence of the alleged consideration , it may be contra- dicted by opposite evidence , and there is no legal objection to the party's showing , if he can , that the ...
Page 6
... evidence , and sealed it , and took witnesses . " And in another part of the prophecies we are told , that " men shall buy fields for money , and subscribe evidences , and seal them , and take witnesses . " ( h ) him the money . ( b ) ...
... evidence , and sealed it , and took witnesses . " And in another part of the prophecies we are told , that " men shall buy fields for money , and subscribe evidences , and seal them , and take witnesses . " ( h ) him the money . ( b ) ...
Page 15
... evidence , that a pecuniary consideration had been given for the land . ( b ) The same idea was transplanted from the courts of equity into the courts of law , when the latter were compelled to take cognizance of , and to give effect to ...
... evidence , that a pecuniary consideration had been given for the land . ( b ) The same idea was transplanted from the courts of equity into the courts of law , when the latter were compelled to take cognizance of , and to give effect to ...
Page 21
... evidence has , however , been held sufficient , under certain circumstances , to warrant a jury in inferring the existence of an authority from the parent , so as to fasten a just liability upon the latter . ( t ) The mere putting an ...
... evidence has , however , been held sufficient , under certain circumstances , to warrant a jury in inferring the existence of an authority from the parent , so as to fasten a just liability upon the latter . ( t ) The mere putting an ...
Page 72
... evidence of acts of ownership , and were therefore evidence of an accept- ance of the horse ; but at that time the defendant had no right to take away the horse . There is no evidence to show that the plaintiff had ever parted with the ...
... evidence of acts of ownership , and were therefore evidence of an accept- ance of the horse ; but at that time the defendant had no right to take away the horse . There is no evidence to show that the plaintiff had ever parted with the ...
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Common terms and phrases
agent agreed agreement amount assignee bailment behalf bill of exchange bind Bing bond bound breach brought Campb carrier charter party chattels chose in action common carrier common law common seal consideration court covenant coverture creditor damages debt deed defendant delivered delivery discharge distrained East entered entitled execution executors fraud granted held hirer horse husband indorsed innkeeper joint stock company land landlord latter lease lessee lessor letting and hiring liability Lord Lord Ellenborough loss maintain an action marriage master ment Moore obligation owner paid partner partnership payment performance person plaintiff possession Pothier principal promissory note purchaser received recover rent responsible right of action seal servant shareholders shares ship simple contract stamp statute Statute of Frauds surety Taunt tenant term thereof thing third party tion undertaking vendor wife
Popular passages
Page 418 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 700 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 60 - ... no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Page 809 - ... silks in a manufactured or. unmanufactured state, and whether wrought up or not wrought up with other materials...
Page 344 - ... in case there shall be no special occupant of any estate pur autre vie, whether freehold or customary freehold, tenant right, customary or copyhold, or of any other tenure, and whether a corporeal or incorporeal hereditament, it shall go to the executor or administrator of the party that had the estate thereof by virtue of the grant...
Page 60 - ... 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 85 - ... upon any agreement that is not to be performed within the space of one year from the making thereof...
Page 81 - ... shall at any time after the said four and twentieth day of June be assigned, granted or surrendered, unless it be by deed or note in writing, signed by the party so assigning, granting or surrendering the same, or their agents thereunto lawfully authorized by writing, or by act and operation of law.
Page 147 - But a license to hunt in a man's park, and carry away the deer killed to his own use ; to cut down a tree in a man's ground, and to carry it away the next day after to his own use, are licenses as to the acts of hunting and cutting down the tree, but as to the carrying away of the deer killed and tree cut down, they are grants.
Page 110 - ... for the payment of any sum of money out of any particular fund which may or may not be available...