Selected Cases on the Law of Quasi-contractsBobbs-Merrill, 1917 - 650 sivua |
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Tulokset 1 - 5 kokonaismäärästä 100
Sivu 5
... fact that in other parts of the statute , and for other purposes , the legislature seems to have made a distinction between ' contracts ' and ' judgments , ' that fact furnishes no good reason for holding that in said section 2647 the ...
... fact that in other parts of the statute , and for other purposes , the legislature seems to have made a distinction between ' contracts ' and ' judgments , ' that fact furnishes no good reason for holding that in said section 2647 the ...
Sivu 23
... fact that obligations generically different have been classed as such , not because of any real analogy , but because , where the procedure of the common law prevails , by the adoption of a fiction in pleading— that of a promise where ...
... fact that obligations generically different have been classed as such , not because of any real analogy , but because , where the procedure of the common law prevails , by the adoption of a fiction in pleading— that of a promise where ...
Sivu 24
... fact legitimately in- ferred . In one the intention is disregarded ; in the other it is ascer- tained and enforced ... fact . " The language quoted by counsel for defendant in error from Swan's Treatise , 509 , that " an implied contract ...
... fact legitimately in- ferred . In one the intention is disregarded ; in the other it is ascer- tained and enforced ... fact . " The language quoted by counsel for defendant in error from Swan's Treatise , 509 , that " an implied contract ...
Sivu 27
... facts presented and the reasonable inferences from them , advantageous to the appellant , constitute an issue of fact . Faber v . City of New York , 213 N. Y. 411 . The following facts have support in the evidence : In 1903 and 1904 ...
... facts presented and the reasonable inferences from them , advantageous to the appellant , constitute an issue of fact . Faber v . City of New York , 213 N. Y. 411 . The following facts have support in the evidence : In 1903 and 1904 ...
Sivu 29
... fact . The second class consists of contracts implied by the law where none in fact exist - quasi or constructive contracts created by law and not by the intentions of the parties . A contract cannot be implied in fact where the facts ...
... fact . The second class consists of contracts implied by the law where none in fact exist - quasi or constructive contracts created by law and not by the intentions of the parties . A contract cannot be implied in fact where the facts ...
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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.