The Exchequer Reports: Reports of Cases Argued and Determined in the Courts of Exchequer & Exchequer Chamber ... Easter Term, 19 Vict., to [Hilary Vacation, 25 Vict.] Both Inclusive [1856-1862], 2. köideH. Sweet, W. Maxwell, and V. & R. Stevens & G. S. Norton, 1858 |
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Page 10
... parties in making the contract took it for granted that a certain state of things would exist . [ Channell , B. - That case afterwards went into error , when the Court entertained great doubt of its correctness and recommended the parties ...
... parties in making the contract took it for granted that a certain state of things would exist . [ Channell , B. - That case afterwards went into error , when the Court entertained great doubt of its correctness and recommended the parties ...
Page 11
... parties must have intended to stipulate that a particular thing should be done by either of them , there is an im- plied covenant to do it . The case of Rashleigh v . The South Eastern Railway Company ( a ) , is much in point , but we ...
... parties must have intended to stipulate that a particular thing should be done by either of them , there is an im- plied covenant to do it . The case of Rashleigh v . The South Eastern Railway Company ( a ) , is much in point , but we ...
Page 12
... parties meant to leave unprovided for so important a matter as the erection of this steam - engine . It was evidently intended that the steam - engine should be put up though it is difficult to make out the con- tract in words . Reading ...
... parties meant to leave unprovided for so important a matter as the erection of this steam - engine . It was evidently intended that the steam - engine should be put up though it is difficult to make out the con- tract in words . Reading ...
Page 13
... parties to be collected from the language they have used . There is no covenant in express terms ; therefore there arises some doubt . AND I agree with Maule , J. , in the case cited , that where WATERWORKS the parties have the power to ...
... parties to be collected from the language they have used . There is no covenant in express terms ; therefore there arises some doubt . AND I agree with Maule , J. , in the case cited , that where WATERWORKS the parties have the power to ...
Page 16
... parties . The plaintiff had an opportunity of seeing the men at work , and might , at any moment , have turned them off the premises if they were acting improperly . Pollock , ( b ) 5 T. R. 143 . ( a ) Ld . Raym . 909 ; 1 S. L. C. 147 ...
... parties . The plaintiff had an opportunity of seeing the men at work , and might , at any moment , have turned them off the premises if they were acting improperly . Pollock , ( b ) 5 T. R. 143 . ( a ) Ld . Raym . 909 ; 1 S. L. C. 147 ...
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Common terms and phrases
20 Vict act of parliament action adjudication aforesaid alleged amount appeared apply assigns attorney authority bill Bramwell breach bridge canal carrier charter-party claim Clauses Commissioners common law contract County Court Court of equity Court of Exchequer covenant creditor damage debt declaration deed defendant defendant's delivered demised discharged duty Eastern Counties Railway entered entitled evidence Exch execution executors fact ground heirs held Hugh Hill indenture issue judgment jury justice Lake Lothing land tax learned Judge liable London Lord Lowestoft Martin matter ment navigation notice opinion Oulton Broad owner paid parcel parish parties payable payment person plaintiff plea Pollock possession premises purchase purpose question Railway Company reasonable recover referred refused rent repair respect river rivers Wensum rule shareholders sheriff shew cause ship statute SWANSEA CANAL term testator thereof tion verdict vessel warrant Western Railway words writ youngest
Popular passages
Page 209 - ... construct gasworks and to supply gas and sell and dispose of the coke ; the surplus profits to go in reduction of the water-rates and otherwise towards the improvement of the town. In an action against the defendants, the declaration alleged that they employed workmen to lay down the pipes, who so negligently conducted themselves that a piece of metal was projected against the plaintiff. The defendants pleaded, that the grievances were...