Cyclopedia of Law ...American Correspondence School of Law, 1912 |
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Cyclopedia of Law: Volume 1 Of Cyclopedia Of Law Charles Erehart Chadman Esikatselu ei käytettävissä - 2018 |
Yleiset termit ja lausekkeet
acceptance agent agree agreement amount Anson on Cont answer arising ascer assent assignment assumpsit authority benefit binding bound breach Champerty charged claim common law condition Conneaut consent consideration court court of equity creditors damages defendant defendant's discharge dissolution effect enforce entitled equity executed existence express fact firm debts firm name firm property give held illegal implied intention interest John Doe joint Jones judgment jury land letter liability limited limited partnership marriage Mass Mechem ment mistake mutual nership non est factum notice obligation offer Ohio St paid parol parties partner partnership payment performance plaintiff plaintiff in error principle profits promise to pay promissory note purchase question reason received recover right of action rule seal sell share signed simple contract sold Stat statute of frauds suit third persons ticket tion tract transaction unless valid void writing
Suositut otteet
Sivu 26 - ... if, whatever a man's real intention may be, he so conducts himself that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its truth...
Sivu 142 - ... the law operating on the act of the parties creates the duty, establishes a privity, and implies the promise and obligation on which the action is founded.
Sivu 270 - The seventeenth section enacts that no contract for the sale of any goods, wares, or merchandise for the price of £10 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 payment...
Sivu 110 - ... assumpsit, for money had and received by the defendant to the plaintiff's use...
Sivu 74 - ... 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 215 - This, no doubt, is in general a sufficiently accurate test; for a right to participate in profits affords cogent, often conclusive, evidence that the trade in which the profits have been made was carried on in part for or on behalf of the person setting up such a claim. But the real ground of the liability is that the trade has been carried on by persons acting on his behalf.
Sivu 74 - 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 miscarriages of another person...
Sivu 59 - But every one has a right to select and determine with whom he will contract, and cannot have another person thrust upon him without his consent. In the familiar phrase of Lord Denman, '• you have the right to the benefit you anticipate from the character, credit, and substance of the party with whom you contract.
Sivu 138 - To give a third party, who may derive a benefit from the performance of the promise, an action, there must be, first, an intent by the promisee to secure some benefit to the third party, and. second, some privity between the two, the promisee and the party to be benefited...
Sivu 79 - That 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 payment...