Selected Cases on the Law of Quasi-contractsBobbs-Merrill, 1917 - 650 sivua |
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Tulokset 1 - 5 kokonaismäärästä 99
Sivu 13
... jury that the plaintiff could recover in all cases where there had been a judg- ment recovered . 2. That the statute was not a bar , as the claim was for a debt of record . ROGERS , J. - We see nothing wrong in the trial except the ...
... jury that the plaintiff could recover in all cases where there had been a judg- ment recovered . 2. That the statute was not a bar , as the claim was for a debt of record . ROGERS , J. - We see nothing wrong in the trial except the ...
Sivu 21
... jury in the justice court was right , under the law and facts of the case , and that the court below erred in sus- taining the certiorari . Let the judgment of the court below be re- versed.1 1 Accord , Morgan v . Ravey , 6 H. & N. 265 ...
... jury in the justice court was right , under the law and facts of the case , and that the court below erred in sus- taining the certiorari . Let the judgment of the court below be re- versed.1 1 Accord , Morgan v . Ravey , 6 H. & N. 265 ...
Sivu 23
... jury may fairly infer as a matter of fact that a contract existed be- tween the parties , explanatory of the relation existing between them . Such implied contracts are not generically different from express contracts . The difference ...
... jury may fairly infer as a matter of fact that a contract existed be- tween the parties , explanatory of the relation existing between them . Such implied contracts are not generically different from express contracts . The difference ...
Sivu 24
... jury that the parties understood that each sustained to the other a contractual relation , and that by reason of this relation the defendant is indebted to the plaintiff for services performed or for goods sold and delivered . * In the ...
... jury that the parties understood that each sustained to the other a contractual relation , and that by reason of this relation the defendant is indebted to the plaintiff for services performed or for goods sold and delivered . * In the ...
Sivu 27
... jury rendered a verdict in favor of the defendant . The Appellate Divi- sion , upon the appeal of the plaintiffs , reversed the judgment entered upon the verdict and ordered a judgment in their favor for the sum sought to be recovered ...
... jury rendered a verdict in favor of the defendant . The Appellate Divi- sion , upon the appeal of the plaintiffs , reversed the judgment entered upon the verdict and ordered a judgment in their favor for the sum sought to be recovered ...
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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.