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American Cases on Contract: Arranged in Accordance With the Analysis of ...
Ernest W. Huffcut
No preview available - 2017
acceptance according action actual affirmed agent agreed agreement alleged amount answer appears application assent assigned authority become benefit bill binding bound cause charge circumstances cited claim common condition consideration considered contract court creditor damages debt decided decision deed defendant defendant's delivered delivery discharge dollars effect enforced entered evidence executed exist express fact frauds give given ground held hold implied intended interest judge judgment jury justice land letter liability March Mass means ment nature necessary notice objection obligation offer opinion paid parties payment performance person plaintiff present principle promise purchase question reason received recover reference refused regarded request reversed rule says seal sell signed sold statute sufficient taken tion trial valid void writing
Page 338 - ... 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 121 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith or some other person thereunto...
Page 691 - A contract is a compact between two or more parties, and is either executory or executed. An executory contract is one in which a party binds himself to do, or not to do, a particular thing; such was the law under which the conveyance was made by the government.
Page 601 - ... 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 363 - 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 631 - Appeal from order of the General Term of the Supreme Court in the third judicial department...
Page 78 - ... for a rule to show cause why a new trial should not be granted...
Page 330 - It is not easy to define with precision what will in all cases constitute an insurable interest, so as to take the contract out of the class of wager policies. It may be stated generally, however, to be such an interest, arising from the relations of the party obtaining the insurance, either as creditor of or surety for the assured, or from the ties of blood or marriage to him, as will justify a reasonable expectation of advantage or benefit from the continuance of his life.