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according action actually agent agreed agreement alleged allowed amount appears applied assumpsit authority Bank benefit bill bound breach brought building cause charge circumstances cited claim common compensation complete condition consideration considered contract count court damages debt decision defendant defendant's delivered demand doctrine duty entitled equity error evidence execution existence express fact follows fraud furnished further give given ground held illegal implied improvements interest judge judgment jury justice labor land latter liable Mass materials ment mistake money paid necessary obligation obtained opinion owner paid party payment performance person plain plaintiff possession present principle promise purchase question reason received recover back recovery refused remains rendered rule says sold statute suit sustained taken tion tort trial true void
Sivu 509 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Sivu 409 - jus ' is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact ; it may be the result also of matter of law ; but if parties contract under a mutual mistake and misapprehension as to their relative and respective rights, the result is that that agreement is liable to be set aside as having proceeded upon a common mistake.
Sivu 90 - If the defendant be under an obligation, from the ties of natural justice, to refund; the law implies a debt, and gives this action, founded in the equity of the plaintiff's case, as it were upon a contract ('quasi ex contractu,') as the Roman law expresses it.
Sivu 208 - ... because from the nature of the contract it is apparent that the parties contracted on the basis of the continued existence of the particular person or chattel.
Sivu 188 - If the part to be performed by one party consists of several distinct and separate items, and the price to be paid by the other Is apportioned to each Item to be performed, or is left to be implied by law, such a contract will generally be held to be eeverable.
Sivu 619 - ... judge instructed the jury to find a verdict in favor of the defendant, on the ground that the...
Sivu 393 - Wells, of , gentlemen, to be my true and lawful attorney, for me and in my name, to enter into and take possession of a certain messuage, late in the tenure and occupation of J.
Sivu 417 - In one word, the gist of this kind of action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money.
Sivu 407 - He who receives it has a right to consider it as his without dispute: he spends it in confidence that it is his; and it would be most mischievous and unjust, if he who has acquiesced in the right by such voluntary payment, should be at liberty, at any time within the statute of limitations, to rip up the matter, and recover back the money.