Engineering Law, Volume 1Myron C. Clark Publishing Company, 1910 |
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Page vi
... . 280 282 311 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.
... . 280 282 311 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 vii
Alexander Haring. Evidence Cases CHAPTER IV . The Contract : Its Interpretation . SECTION I. ( a ) Evidence to Prove the Instrument .... PAGE 351 ( b ) Evidence to Prove That the Instrument is a Contract 351 ( c ) Evidence to Prove the ...
Alexander Haring. Evidence Cases CHAPTER IV . The Contract : Its Interpretation . SECTION I. ( a ) Evidence to Prove the Instrument .... PAGE 351 ( b ) Evidence to Prove That the Instrument is a Contract 351 ( c ) Evidence to Prove the ...
Page 6
... evidence of the mental purpose accompanying it , is as well referable to one state of acts as another , it is no indication to the other party of an acceptance , and does not operate to hold him to his offer . Conceding that the ...
... evidence of the mental purpose accompanying it , is as well referable to one state of acts as another , it is no indication to the other party of an acceptance , and does not operate to hold him to his offer . Conceding that the ...
Page 10
... evidence of such intention , and if once exchanged , it must be clearly shown that both parties intended and understood that they were not to have effect . In this case the evidence is clear that no marriage was intended by either party ...
... evidence of such intention , and if once exchanged , it must be clearly shown that both parties intended and understood that they were not to have effect . In this case the evidence is clear that no marriage was intended by either party ...
Page 12
... evidence of the intent to contract in the form of a con- sideration . 3. The necessary writing , wherever it is required by the Statute of Frauds . 4 . 5 . The capacity of the parties to create a valid contract . The legality of the ...
... evidence of the intent to contract in the form of a con- sideration . 3. The necessary writing , wherever it is required by the Statute of Frauds . 4 . 5 . The capacity of the parties to create a valid contract . The legality of the ...
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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...