Engineering Law, Volume 1Myron C. Clark Publishing Company, 1910 |
From inside the book
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Page 2
... agreement and obligation . The agreement creates the contractual obligation . We may have agreement of a certain kind in the minds of the parties , but if it does not contemplate bringing into existence a 2 THE LAW OF CONTRACT.
... agreement and obligation . The agreement creates the contractual obligation . We may have agreement of a certain kind in the minds of the parties , but if it does not contemplate bringing into existence a 2 THE LAW OF CONTRACT.
Page 3
... OBLIGATION . Obligation is a legal bond whereby constraint is laid upon a per- son or group of persons to act or forbear to act on behalf of another person or group . Anson , Contr . 6 . 1 Minneapolis & c . Ry . v . Columbus Rolling ...
... OBLIGATION . Obligation is a legal bond whereby constraint is laid upon a per- son or group of persons to act or forbear to act on behalf of another person or group . Anson , Contr . 6 . 1 Minneapolis & c . Ry . v . Columbus Rolling ...
Page 4
... obligation must be one that can be measured in a pecuniary way . Disappointment occasioned by a person failing to perform a social duty , or gratitude due to an expression of kind- ness are not matters which can be given a money value ...
... obligation must be one that can be measured in a pecuniary way . Disappointment occasioned by a person failing to perform a social duty , or gratitude due to an expression of kind- ness are not matters which can be given a money value ...
Page 7
... obligation until it is accepted according to its terms . So long as the offer has been neither accepted nor rejected , the negotiation remains open , and imposes no obligation upon either party ; the one may decline to accept , or the ...
... obligation until it is accepted according to its terms . So long as the offer has been neither accepted nor rejected , the negotiation remains open , and imposes no obligation upon either party ; the one may decline to accept , or the ...
Page 38
... obligation by mere silence , yet it must be admitted that such circumstances are exceptional in their character , and of extremely rare occurrence . We have not been furnished with a perfect instance of the kind by the counsel on either ...
... obligation by mere silence , yet it must be admitted that such circumstances are exceptional in their character , and of extremely rare occurrence . We have not been furnished with a perfect instance of the kind by the counsel on either ...
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Other editions - View all
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...