Engineering Law, Volume 1Myron C. Clark Publishing Company, 1910 |
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Page vi
... 282 311 SECTION II . Assignment Cases ( a ) By Act of the Parties ... ( b ) By Operation of Law .. Excerpts from Engineering Decisions .. 312 314 315 346 Evidence Cases CHAPTER IV . The Contract : Its Interpretation vi CONTENTS.
... 282 311 SECTION II . Assignment Cases ( a ) By Act of the Parties ... ( b ) By Operation of Law .. Excerpts from Engineering Decisions .. 312 314 315 346 Evidence Cases CHAPTER IV . The Contract : Its Interpretation vi CONTENTS.
Page 93
... assignment of title , providing there is a right of action and a real defendant in existence.15 The matter of a compromise comes under this heading . It is really an exception to the general rule of consideration . The court looks upon ...
... assignment of title , providing there is a right of action and a real defendant in existence.15 The matter of a compromise comes under this heading . It is really an exception to the general rule of consideration . The court looks upon ...
Page 144
... assignment of the mortgage , it would have the same operation as to the note . If the plaintiff had a right to hold the mortgaged estate until the defendant paid the debt , then most clearly the defendant's promise is binding and ...
... assignment of the mortgage , it would have the same operation as to the note . If the plaintiff had a right to hold the mortgaged estate until the defendant paid the debt , then most clearly the defendant's promise is binding and ...
Page 153
... assignment of a trust in personal prop- erty ; 5. Is a subsequent or new promise to pay a debt discharged in bankruptcy ; 6. Is a contract for the sale of any goods , chattels or things in action for the price of fifty dollars or more ...
... assignment of a trust in personal prop- erty ; 5. Is a subsequent or new promise to pay a debt discharged in bankruptcy ; 6. Is a contract for the sale of any goods , chattels or things in action for the price of fifty dollars or more ...
Page 247
... assign a part of what should come from an ancestor by descent , devise , or distribution , Boynton v . Hubbard , 7 Massachusetts , 112 ; to pay for promoting a marriage , Scribblehill v . Brett , 4 Brown's Parliamen- tary Cases , 144 ...
... assign a part of what should come from an ancestor by descent , devise , or distribution , Boynton v . Hubbard , 7 Massachusetts , 112 ; to pay for promoting a marriage , Scribblehill v . Brett , 4 Brown's Parliamen- tary Cases , 144 ...
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Common terms and phrases
acceptance accord and satisfaction according affirmed agent agreed agreement alleged amount appears appellee apply assent assignment assumpsit authority Baker's Island benefit bill binding bound breach charter-party circumstances cited claim Clandeboye common law condition consideration construction contract contractor court court of equity covenant creditor damages debt debtor decision declaration defendant defendant's delivered delivery demurrer discharge doctrine enforced entitled equity evidence executed executor express fact furnish held illegal implied intention judgment jury Justice letter liability liquidated damages Lord lumber Mass ment obligation offer opinion owner paid parol party payment performance person plaintiff plaintiffs in error present principle privity of contract promise to pay promisor promissory note purchase quantum meruit question reason received recover refused regarded rendered right of action rule sell shipped specific statute of frauds stipulation sufficient sustained thereof tion tract trial valid void warranty
Popular passages
Page 155 - Every agreement, promise or undertaking is void, unless it or some note or memorandum thereof be in writing, and subscribed by the party to be charged therewith, or by his lawful agent, if such agreement, promise or undertaking; 1. By its terms is not to be performed within one year from the making thereof or the performance of which is not to be completed before the end of a lifetime ; 2.
Page 245 - ... absolutely null and void, unless they are freely made and executed in the presence of at least two attesting witnesses, after the allowance of such a claim, the ascertainment of the amount due, and the issuing of a warrant for the payment thereof.
Page 208 - But every one has a right to select and determine with whom he will contract, and cannot have another person thrust upon him without his consent. In the familiar phrase of Lord Denman, '• you have the right to the benefit you anticipate from the character, credit, and substance of the party with whom you contract.
Page 448 - ... 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 258 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.
Page 473 - Appeal from order of the General Term of the Supreme Court in the third judicial department...
Page 155 - No action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 499 - ... feelings of the moment ; and that the people of the United States, in adopting that instrument, have manifested a determination to shield themselves and their property from the effects of those sudden and strong passions to which men are exposed. The restrictions on the legislative power of the States are obviously founded in this sentiment ; and the Constitution of the United States contains what may be deemed a bill of rights for the people of each State.
Page 292 - ... the law operating on the act of the parties creates the duty, establishes a privity, and implies the promise and obligation on which the action is founded.
Page 162 - No contract for the sale of any goods, wares or merchandise, for thirty dollars or more, shall be valid, unless the purchaser accepts and receives part of the goods, or gives something in earnest to bind the bargain, or in part payment thereof...