Selected Cases on the Law of ContractsBanks & Company, 1925 - 808 sivua |
Sisältö
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Yleiset termit ja lausekkeet
acceptance accord and satisfaction affirmed agent agreed agreement alleged amount appears appellant appellee applied assignment assumpsit authority Bank benefit bill binding bound breach cause of action choses in action cited claim Clandeboye common law condition consideration contract court court of equity covenant creditor damages debt debtor decision declaration defendant defendant's delivered delivery demurrer discharge doctrine dollars enforce entitled equity evidence executed executor fact furnish held illegal instrument intended interest judgment jury justice land letter liability liquidated damages lumber Mass ment mortgage obligation offer opinion paid parties payment performance person plaintiff principle promise to pay promisor promissory note purchase quantum meruit question reason received recover refused rendered request rule says sell sold statute of frauds stipulated sufficient suit supra sustained testator tiff tion tract trial valid verdict void Yale L. J.
Suositut otteet
Sivu 167 - A valuable consideration in the sense of the law may consist either in some right, interest, profit or benefit accruing to the one party, or some forbearance detriment, loss or responsibility given, suffered or undertaken by the other.
Sivu 103 - ... 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.
Sivu 146 - ... 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 or some other person thereunto...
Sivu 711 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Sivu 262 - ... and performance of the promise will satisfy an actual or supposed or asserted duty of the promisee to the beneficiary, or a right of the beneficiary against the promisee which has been barred by the Statute of Limitations or by a discharge in bankruptcy, or which is unenforceable because of the Statute of Frauds; (c) an incidental beneficiary if neither the facts stated in Clause (a) nor those stated in Clause (b) exist.
Sivu 104 - No contract for the sale of any goods, wares and merchandise, 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...
Sivu 246 - Appeal from order of the General Term of the Supreme Court in the third judicial department...
Sivu 6 - I believe if one were to take all the cases, and they are many, of implied warranties or covenants in law, it will be found that in all of them the law is raising an implication from the presumed intention of the parties with the object of giving to the transaction such efficacy as both parties must have intended that at all events it should have.
Sivu 97 - ... for a rule to show cause why a new trial should not be granted...
Sivu 176 - Equitable estoppel is the effect of the voluntary conduct of a party whereby he is absolutely precluded, both at law and in equity, from asserting rights which might, perhaps, have otherwise existed, either of property, of contract, or of remedy...