Reports of Cases Argued and Determined in the Court of Exchequer: And Upon Writs of Error from that Court to the Exchequer Chamber, Volume 1; Volume 130
Henry Butterworth, Richard Pheney, and G. F. Cooper, 1840
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Abinger action aforesaid afterwards agreed agreement alleged amount appear apply assigns attorney authority award bankrupt bill bound brought called cause certain charged claim common Company consideration considered contract costs count Court creditors damages death debt decided defendant delivered directed discharged duty effect entered entitled Erchequer evidence execution executor fact further give given granted ground held intention interest issue judge judgment jury land Lord matter meaning ment mentioned necessary notice objection obtained officer opinion paid Parke party payment person plaintiff plea pleaded possession premises present proceedings proved question reason received record recover reference refused rent respect rule Secondly sheriff shew ship Statute sufficient suit taken tenant Term thereof tion took trial trustees unless verdict whole writ
Page 39 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Page 222 - Where a covenant goes only to part of the consideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant; and an action may be maintained for a breach of the covenant on the part of the defendant, without averring performance in the declaration.
Page 26 - The Rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester (x), that although there may have been Negligence on the part of the plaintiff, yet unless he might by the exercise of ordinary care have avoided the consequences of the defendant's Negligence, he is entitled to recover. But if by ordinary care he might have avoided them, he is the author of his own wrong.
Page 232 - AB, administrator of all and singular the goods and chattels, rights and credits of JK, deceased, do make, or cause to be made, a true and perfect inventory of all and singular the goods and chattels, rights and credits...
Page 232 - The Condition of this Obligation is such, that if the above bounden Administrator of all and singular the Goods Chattels and Credits of Deceased, do make or cause to be made a true and perfect Inventory of all and singular the Goods Chattels and Credits of the said Deceased...
Page 30 - The question for the opinion of the Court is, whether, under the above circumstances, the plaintiffs are entitled to maintain the action.
Page 164 - Justice directed the verdict to be entered for the defendants, with liberty to the plaintiff to move to enter a verdict for the plaintiff on the third issue, as stated in the commencement of this special case.
Page 455 - ... or defendant in person, as the case may be, mentioning the city, town, or parish, and also the name of the hamlet, street, and number of the house of such plaintiff's or defendant's residence, if any such there be.