The Law of Vendors and Purchasers of Real PropertyLittle, Brown, 1868 - 642 pages |
Contents
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Other editions - View all
Common terms and phrases
acres action afterwards agent alleged ance assignment assumpsit attorney authority Barb bidder bill for specific bind bond bound chaser claim compel compensation consideration conveyance Court of Chancery Court of Equity covenant damages declared decree deed defendant delivered deposit easement enforce entered entitled executed executor feme covert filed give grantor ground heirs held incumbrances Law & Eq Law Rep lease liable license Lord memorandum ment mortgage notice objection owner paid parol agreement parol contract parol evidence part-performance party payment Penn person plaintiff possession premises principle purchase of lands purchase-money quitclaim deed real estate real property received refused rent rescind rule sale of land sheriff's sale signed Smith sold specific performance Statute of Frauds stipulated sufficient suit tenant tender thereof tion tract trustees valid vendee vendor verbal void warranty warranty deed wife writing
Popular passages
Page 101 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the 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...
Page 265 - When a day is appointed for the payment of the money, &c., and the day is to happen after the thing which is the consideration of the money, &c., is to be performed, no action can be maintained for the money, &c., before performance.
Page 526 - The rule is settled In this court that In an action by the vendee for a breach of contract on the part of the vendor, for not delivering the article, the measure of damages Is Its price, at the time of the breach.
Page 135 - Licenses to do a particular act do not in any degree trench upon the policy of the law, which requires that bargains respecting the title or interest in real estate shall be by deed or in writing. They amount to nothing more than an excuse for the act, which would otherwise be a trespass. But a permanent right to hold another's land for a particular purpose, and to enter upon it at all times without his consent, is an important interest, which ought not to pass without writing, and is the very object...
Page 373 - Wherever two persons stand in such a relation that, while it continues, confidence is necessarily reposed by one, and the influence which naturally grows out of that confidence is possessed by the other, and this confidence is abused, or the influence...
Page 264 - His lordship then proceeded to say, that the dependence or independence of covenants was to be collected from the evident sense and meaning of the parties, and that, however transposed they might be in the deed, their precedency must depend on the order of time in which the intent of the transaction requires their performance.
Page 435 - It is as much a matter of course for courts of equity to decree a specific performance of a contract for the conveyance of real estate, which is in its nature unobjectionable as it is for courts of law to give damages for its breach.
Page 265 - If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed...
Page 65 - No case of a bill filed by an infant for the specific performance of a contract made by him has been found in the books. It is not disputed, that it is a general principle of courts of equity to interpose only where the remedy is mutual.
Page 540 - The ground on which we rest this opinion is, that, in absence of any specific provision, the question, whether the deposit is forfeited, depends on the intent of the parties to be collected from the whole instrument...