Cases Argued and Determined in the Court of Common Pleas and in the Exchequer Chamber: From 1856 ... [to 1865], Volume 4T. & J.W. Johnson & Company, 1860 |
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Page 83
... vessel called The . Countess of Elgin , then on passage from Calcutta to London : -Held , that this was an abso- lute contract to sell and deliver the tallow provided the ship arrived , and that the defendants were liable for a breach ...
... vessel called The . Countess of Elgin , then on passage from Calcutta to London : -Held , that this was an abso- lute contract to sell and deliver the tallow provided the ship arrived , and that the defendants were liable for a breach ...
Page 85
... vessel called The Countess of Elgin , then alleged to be on her passage from Calcutta to London ; the quality to be equal to the sample by which the same was sold ; but , should it turn out inferior to the sample , an allowance to be ...
... vessel called The Countess of Elgin , then alleged to be on her passage from Calcutta to London ; the quality to be equal to the sample by which the same was sold ; but , should it turn out inferior to the sample , an allowance to be ...
Page 87
... vessel . In Albridge v . Johnson , 7 Ellis & B. 885 ( E. C. L. R. vol . 90 ) , the plaintiff agreed with one Knights to purchase from him 100 out of 200 quarters of barley which the plaintiff had seen in bulk and approved of ; and he ...
... vessel . In Albridge v . Johnson , 7 Ellis & B. 885 ( E. C. L. R. vol . 90 ) , the plaintiff agreed with one Knights to purchase from him 100 out of 200 quarters of barley which the plaintiff had seen in bulk and approved of ; and he ...
Page 89
... vessel . And this construction is in no degree affected by the stipulation for payment within a limited time after the landing of the goods . Coleridge , contrà . ( a ) -1 . This is a contract for the sale of a specific quan- tity of ...
... vessel . And this construction is in no degree affected by the stipulation for payment within a limited time after the landing of the goods . Coleridge , contrà . ( a ) -1 . This is a contract for the sale of a specific quan- tity of ...
Page 91
... vessels not having so much in after delivery of former contracts , this contract to be void . " At the time this ... vessel . This trans - shipment was accordingly made bonâ fide and without fraud , for the purpose of enabling the ...
... vessels not having so much in after delivery of former contracts , this contract to be void . " At the time this ... vessel . This trans - shipment was accordingly made bonâ fide and without fraud , for the purpose of enabling the ...
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Common terms and phrases
affidavit aforesaid agreed agreement Albert Reindel alleged amount appears application arrival Belize breach broker BYLES cable carriage of coal carrying coal charge Chassum claim coal from Peterborough COCKBURN complainants contract costs count county court covenant CROWDER debt declaration deed defendant defendant's delivered distance E. C. L. R. vol Eastern Counties Railway Elmswell entered evidence Exch executors garnishee ground Hadleigh held invention Ipswich John Mears judgment jury land learned judge lease lessor letter letters patent liable liquidated damages London matter ment mentioned miles Needham Market notice opinion owner paid parcels parties patent payment person plaintiff plea possession premises premium Priory Terrace purchaser question Railway Company rates reasonable rent respect Robert Stirling Newall rule servants ship Snell statute statute of Anne Stowmarket tenant term therein thereof tion vendor verdict vessel vestry Vict Victoria Road WILLIAMS writ
Popular passages
Page 327 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 327 - In respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally (ie, according to the usual course of things) from such breach of contract Itself, or as such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract as the probable result of the breach of it.
Page 621 - Perth, whereof is master for this present voyage John Amess, and now lying in the harbour of Pancakie, bound for Liverpool, *to r*«94 say, cargo of oak-bark, being marked and numbered as in the *• margin, and are to be delivered...
Page 297 - Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action to recover damages in respect thereof...
Page 585 - The jury answered the first question in the affirmative and the second in the negative ; and to the third question they answered — " It was their duty to require from the wagon company some distinct assurance that it had been thoroughly examined and repaired.
Page 97 - April, 1832, by a certain indenture then made between the plaintiff of the one part, and the defendant of the other part...
Page 413 - On the other hand, if at the time of the sale the seller knows, not only that the person who is nominally dealing with him is not principal but agent, and also knows who the principal really is, and, notwithstanding all that knowledge, chooses to make the agent his debtor, dealing with him and him alone, then, according to the cases of Addison v.
Page 813 - To the use of my said nephew Sotherton Branthwayt Micklethwait, and his assigns, for and during the term of his natural life (without impeachment of waste...
Page 817 - Hawkhurst aforesaid), are to go and pass to the use of my great-nephew John Nathaniel Micklethwait, second son of my said nephew Nathaniel Micklethwait, and his assigns, for and during the term of his natural life (without impeachment of waste...
Page 793 - Hawkins successively in tail male, with remainder to the use of his first and other sons successively...