Bullen and Leake's Precedents of Pleadings: With Notes and Rules Relating to PleadingStevens, 1897 - 1126 pages |
From inside the book
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Page 10
... denial that it is to the effect alleged , and stating its effect according to his own construction , or by simply setting out the document verbatim in the statement of defence , with an allegation that it is the contract mentioned or ...
... denial that it is to the effect alleged , and stating its effect according to his own construction , or by simply setting out the document verbatim in the statement of defence , with an allegation that it is the contract mentioned or ...
Page 49
... deny ( or refuse to admit ) the same specifically . ( See 0. XXI . r . 5 , cited " Denials , " post , p . 550. ) So ... denial , " Executors , " post , p . 696. ) Parties under disabilities . ] — As to these , see " Infant , " post , p ...
... deny ( or refuse to admit ) the same specifically . ( See 0. XXI . r . 5 , cited " Denials , " post , p . 550. ) So ... denial , " Executors , " post , p . 696. ) Parties under disabilities . ] — As to these , see " Infant , " post , p ...
Page 64
... denial or defence in answer to the plaintiff's allegations of special damage , for it is provided by O. XXI . r . 4 , that " no denial or defence shall be necessary as to damages claimed or their amount ; but they shall be deemed to be ...
... denial or defence in answer to the plaintiff's allegations of special damage , for it is provided by O. XXI . r . 4 , that " no denial or defence shall be necessary as to damages claimed or their amount ; but they shall be deemed to be ...
Page 188
... denial of the per- formance of the particular condition . The ground which the party may have for excusing the non - performance could not properly be set up in answer to this denial , and in support of his original averment of the per ...
... denial of the per- formance of the particular condition . The ground which the party may have for excusing the non - performance could not properly be set up in answer to this denial , and in support of his original averment of the per ...
Page 383
... denial of his title as owner , and the taking of the goods to a person not intended by the owner to have them , was held to amount to a conversion . ( Falk v . Fletcher , 18 C. B. N. S. 403 ; 34 L. J. C. P. 146 ; and see Jones v . Hough ...
... denial of his title as owner , and the taking of the goods to a person not intended by the owner to have them , was held to amount to a conversion . ( Falk v . Fletcher , 18 C. B. N. S. 403 ; 34 L. J. C. P. 146 ; and see Jones v . Hough ...
Common terms and phrases
accepted acceptor accord and satisfaction agent agreement alleged amended amount apply assignment Bank bankrupt Bankruptcy Act Bills of Exchange Bing breach carrier cause of action cheque cited post condition counterclaim County covenant creditor dated debt debtor deceased deed defendant defendant's delivered delivery denial entitled executor or administrator fact fraud G. W. Ry injunction injury joinder of issue judgment Judicature Acts L. J. Ch L. J. Ex land landlord Leake on Contracts lease liable loss ment negligence notice owner paid Particulars payable person plaintiff plaintiff has suffered plaintiff's claim pleading possession preceding premises Queen's Bench Division reasonable recover rent reply respect rule Sect set-off ship Smith special damage specially indorsed statement of claim statute Statute of Frauds sued suffered damage sufficient supra tenant thereof third party trespass trustee unless Vict warranty writ
Popular passages
Page 387 - ... agent acting for him, of the goods or documents of title, under any sale, pledge, or other disposition thereof, to any person receiving the same in good faith and •without notice of...
Page 19 - All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative...
Page 316 - Where there is an unconditional contract for the sale of specific goods, in a deliverable state, the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment or the time of delivery, or both, be postponed.
Page 426 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Page 318 - Where there is an available market for the goods in question, the measure of damages, in the absence of special circumstances showing proximate damages of a greater amount, is the difference between the contract price and the market or current price...
Page 772 - December, 1833, no action or suit or other proceeding shall be brought, to recover any sum of money secured by any mortgage, judgment or lien, or otherwise charged upon or payable out of any land or rent, at law or in equity...
Page 772 - ... unless in the meantime some part of the principal money, or some interest thereon, shall have been paid, or some acknowledgment of the right thereto shall have been given in writing, signed by the person by whom the same shall be payable, or his agent, to the person entitled thereto, or his agent...
Page 772 - No claim of a cestui que trust against his trustee for any property held on an express trust, or in respect of any breach of such trust, shall be held to be barred by any Statute of Limitations.
Page 710 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Page 316 - Intend. (1) Where there is a contract to sell specific or ascertained goods, the property in them is transferred to the buyer at such time as the parties to the contract intend it to be transferred. ( 2 ) For the purpose of ascertaining the intention of the parties, regard shall be had to the terms of the contract, the conduct of the parties, usages of trade and the circumstances of the case.