Principles of the English Law of Contract and of Agency in Its Relation to ContractMacmillan, 1895 - 456 pages |
From inside the book
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Page 19
... claim performance of the cated . promise ? 4 B. & A. 621 . itous acceptance The only English authority on this point is Williams v . Carwardine , where reward was offered for such informa- tion as might lead to the discovery of a murder ...
... claim performance of the cated . promise ? 4 B. & A. 621 . itous acceptance The only English authority on this point is Williams v . Carwardine , where reward was offered for such informa- tion as might lead to the discovery of a murder ...
Page 36
... claim under him , though it has never been communicated to the grantee , if it has been duly delivered ; and it would seem that an obligation cre- ated by deed is on the same footing . The promisor is bound , but the promisee need not ...
... claim under him , though it has never been communicated to the grantee , if it has been duly delivered ; and it would seem that an obligation cre- ated by deed is on the same footing . The promisor is bound , but the promisee need not ...
Page 43
... claim a reward.2 But the most serious difficulties which have arisen are of two sorts . 1. Is knowledge of the existence of an offer essential to its acceptance , or can it be accepted by an accidental compli- ance with its terms ? ( i ) ...
... claim a reward.2 But the most serious difficulties which have arisen are of two sorts . 1. Is knowledge of the existence of an offer essential to its acceptance , or can it be accepted by an accidental compli- ance with its terms ? ( i ) ...
Page 52
... claims , arising either from breach of cove- nant , or from non - payment of a sum certain , due for goods supplied , work done , or money lent : detinue " lay for the recovery of specific chattels * kept back by the defend- [ * 46 ] ...
... claims , arising either from breach of cove- nant , or from non - payment of a sum certain , due for goods supplied , work done , or money lent : detinue " lay for the recovery of specific chattels * kept back by the defend- [ * 46 ] ...
Page 63
... claim against the heir though not named in the deed , or against the devisee of real estate , without the intervention of the court of chancery , while the creditor by simple contract must get the estate administered in chancery in ...
... claim against the heir though not named in the deed , or against the devisee of real estate , without the intervention of the court of chancery , while the creditor by simple contract must get the estate administered in chancery in ...
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Other editions - View all
Common terms and phrases
acceptance agent agreed agreement ance apply arising assignment assumpsit authority benefit binding bound breach champerty Chancery charter-party chose in action circumstances common law condition consideration courts of equity covenant creditor damages debt debtor deceit deed defendant discharge effect enforced entered entitled equity estoppel evidence Exch executed executory existence express fact false forbearance fraud give given ground House of Lords illegal implied infant intention judgment liability Lord Lord Cairns married woman Mass ment Minn misrepresentation mistake negotiable instrument obligation offer offeror paid parol payment person plaintiff principal promise to pay promisor promissory note purchase quasi-contract recover regarded remedy representation right of action rule separate estate simple contract specific performance statement statute Statute of Frauds Stimson sued supra third party tion tract transaction unless valid Vict void voidable wager warranty
Popular passages
Page 390 - But 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 67 - 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 443 - Be it known that as well in own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all...
Page 83 - Rule 1 . - Where there is an unconditional contract for the sale of specific goods in a deliverable state the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment or the time of delivery, or both be postponed.
Page 443 - Ship, or the Master thereof, is or shall be named or called, beginning the Adventure upon the said Goods and Merchandises from the loading thereof aboard the said Ship...
Page 442 - Ship called the whereof is Master for this present Voyage and now riding at Anchor in the and bound for to say being marked and numbered as in the Margin, and are to be delivered...
Page 81 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same...
Page 231 - That all contracts or agreements, whether by parole or in writing, by way of gaming or wagering, shall be null and void ; and that no suit shall be brought or maintained in any court of law or equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the hands of any person to abide the event on which any wager shall have been made...
Page 337 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Page 81 - ... 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 or sale be signed by the party to be charged or his agent in that behalf.