Engineering Law, Volume 1Myron C. Clark Publishing Company, 1910 |
From inside the book
Results 1-5 of 67
Page 25
... entitled to sue for damages , yet to bring a certiorari on such a judgment was most unworthy . The plaintiff performed the service without the privity or request of the defendant , and there was , in fact , no promise , express or ...
... entitled to sue for damages , yet to bring a certiorari on such a judgment was most unworthy . The plaintiff performed the service without the privity or request of the defendant , and there was , in fact , no promise , express or ...
Page 27
... entitled to be carried , and that contains conditions on its back which he does not read , is not bound by such conditions , do not fall within this rule . Brown v . Eastern Railroad , 11 Cush . 97 ; Malone v . Boston & Worcester ...
... entitled to be carried , and that contains conditions on its back which he does not read , is not bound by such conditions , do not fall within this rule . Brown v . Eastern Railroad , 11 Cush . 97 ; Malone v . Boston & Worcester ...
Page 33
... entitled to treat their offer as not accepted , and that they were not bound to wait until the third post delivered in Glasgow at two o'clock P. M. of Saturday , the 1st of February ( at which time Messrs . Higgins ' letter did actually ...
... entitled to treat their offer as not accepted , and that they were not bound to wait until the third post delivered in Glasgow at two o'clock P. M. of Saturday , the 1st of February ( at which time Messrs . Higgins ' letter did actually ...
Page 43
... entitled to . I. Several objections have been taken to the right of the complainant to recover , which it will be necessary to notice ; but the principal one is , that the contract of insurance was not complete at the time the loss ...
... entitled to . I. Several objections have been taken to the right of the complainant to recover , which it will be necessary to notice ; but the principal one is , that the contract of insurance was not complete at the time the loss ...
Page 54
... a single paper , which , when signed , should be the evidence of what had already been agreed upon . But neither party was entitled to insert in the paper any material condition not referred to in 54 THE LAW OF CONTRACT.
... a single paper , which , when signed , should be the evidence of what had already been agreed upon . But neither party was entitled to insert in the paper any material condition not referred to in 54 THE LAW OF CONTRACT.
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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...