New York Law of Contracts, Volume 2Edward Thompson Company, 1922 |
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Common terms and phrases
12 Barb 13 Johns 16 Misc 20 Misc 30 State Rep 35 Misc 38 Super action affirmed on opinion agreed agreement amount assignment Balje Bank Barb benefit breach buyer Cayuga County Chan City Ct claim Clark common law compensation consideration construed contractor conveyance corporation court court of equity covenant creditor Daly debt debtor default defendant defense of infancy delivery Denio disaffirm E. D. Smith employer enforce entitled equity excuse fact failure fraud furnished grounds husband implied infant infra joint land liability ment mortgage municipality necessary obligation Paige party payment performance plaintiff promise to pay promisor purchase quantum meruit Realty reasonable received recover recovery rescind rescission reversing rule seller services rendered Silv Super supra Surr terminate third person Thomp tion tract voidable Wend wife Wkly York
Popular passages
Page 1310 - If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed ; an action may be brought for the money, or for not doing such other act before performance, for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent. And so it is where no time is fixed for performance of that, which is...
Page 1266 - Whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the contract, express or implied, between the parties. Apart from any such contract, express or implied, the place of delivery...
Page 1125 - A party has a right to select and determine with whom he will contract, and cannot have another person thrust upon him without his consent.
Page 1685 - In every such case the law gives the party so paying a remedy by action, to recover back the money, as money had and received by the defendant to and for the use of the plaintiff.
Page 1388 - In the absence of express or implied agreement of the parties, acceptance of the goods by the buyer shall not discharge the seller from liability in damages or other legal remedy...
Page 1573 - ... (c) Refuse to accept the goods, if the property therein has not passed, and maintain an action against the seller for damages for breach of warranty. (d) Rescind the contract to sell or the sale, and refuse to receive the goods, or if the goods have already been received, return them or offer to return them to the seller and recover the price or any part thereof which has been paid.
Page 1514 - ... because from the nature of the contract it is apparent that the parties contracted on the basis of the continued existence of the particular person or chattel.
Page 1648 - Whenever one person has in his possession money which he cannot conscientiously retain from another, the latter may recover it in this form of action, subject to the restriction that the mode of trial and the relief which can be given in a legal action are adapted to the exigencies of the particular case, and that the transaction is capable of adjustment by that procedure without prejudice to the interest of third persons.
Page 1571 - That depends upon the question whether the default is so substantial and important as in truth and in fairness to defeat the essential purpose of the parties. Whatever the rule may once have been, this is the test that is now prescribed by statute. The failure to make punctual payment may be material or trivial according to the circumstances. We must know the cause of the default, the length of the delay, the needs of the vendor, and the expectations of the vendee.
Page 1572 - ... If the default is the result of accident or misfortune, if there is a reasonable assurance that it will be promptly repaired, and if immediate payment is not necessary to enable the vendor to proceed with performance, there may be one conclusion. If the breach is willful, if there is no just ground to look for prompt reparation, if the delay has been substantial, or if the needs of the vendor are urgent so that continued performance is imperilled, in these and in other circumstances, there may...