Selected Cases on the Law of Quasi-contractsBobbs-Merrill, 1917 - 650 sivua |
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Tulokset 1 - 5 kokonaismäärästä 100
Sivu 3
... action brought on something which is not a contract is an action ex contractu , or an " action arising on contract , " still what we seek is to know what kind of an action the legislature meant when they referred in their attachment law ...
... action brought on something which is not a contract is an action ex contractu , or an " action arising on contract , " still what we seek is to know what kind of an action the legislature meant when they referred in their attachment law ...
Sivu 4
... actions on judgments were actions on contract . I think the same meaning was intended here , as by the same words in section 4915 , providing that a cause of action " arising on contract " may be pleaded as a counterclaim . I think ...
... actions on judgments were actions on contract . I think the same meaning was intended here , as by the same words in section 4915 , providing that a cause of action " arising on contract " may be pleaded as a counterclaim . I think ...
Sivu 5
... actions arising on contract , " so as to include an action on a judgment , it is urged that the legislature of at least one of the states , Nebraska , did not so use or understand it , for they thought it necessary to ex- pressly add ...
... actions arising on contract , " so as to include an action on a judgment , it is urged that the legislature of at least one of the states , Nebraska , did not so use or understand it , for they thought it necessary to ex- pressly add ...
Sivu 10
... action of debt on a recognizance at common law , the utmost strictness that was ever required was that the declaration should state it with certainty , pursuing the description in the entry of recognizance , and should allege in what ...
... action of debt on a recognizance at common law , the utmost strictness that was ever required was that the declaration should state it with certainty , pursuing the description in the entry of recognizance , and should allege in what ...
Sivu 12
... action under the re- formed procedure : " This action is upon what has been aptly termed a quasi- contract . It is not upon a genuine contract , that is , an agreement , in fact , be- tween plaintiff and defendant , either express or ...
... action under the re- formed procedure : " This action is upon what has been aptly termed a quasi- contract . It is not upon a genuine contract , that is , an agreement , in fact , be- tween plaintiff and defendant , either express or ...
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Yleiset termit ja lausekkeet
action for money action to recover affirmed agent agreed agreement alleged amount appears appellant appellee applied assumpsit authority Bank benefit bill brought charge circumstances cited claim common law consideration contract court of equity court says creditor damages debt debtor decision deed defendant defendant's delivered demand doctrine duress duty entitled to recover error evidence execution executor fendant fraud ground held illegal implied indorsed judgment jury justice labor land liable Lord Lord MANSFIELD Mass ment mistake of fact mistake of law money paid mortgage obligation opinion owner pari delicto party payment performance person plaintiff plaintiff in error possession principle purchase quantum meruit Quasi-Contracts question reason received recover back recover it back recovery refused remedy rendered rule sold statute statute of frauds suit sustained thereof tiff tion tort transaction trial ultra vires usurious verdict void voluntary
Suositut otteet
Sivu 513 - 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 413 - 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 212 - ... 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 192 - 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 623 - ... judge instructed the jury to find a verdict in favor of the defendant, on the ground that the...
Sivu 397 - 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 421 - 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 411 - 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.
Sivu 111 - Unless the promise, contract, or 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 by some person thereunto by him lawfully authorized.