American Cases on Contract: Arranged in Accordance with the Analysis of Anson on Contract ...Ernest Wilson Huffcut, Edwin Hamlin Woodruff Banks & Brothers, 1894 - 718 pages |
From inside the book
Results 1-5 of 78
Page 13
... action is maintainable . Where the books come addressed to the deceased gentleman whose estate has come to the defendant , and he keeps the books , I think , therefore , he is clearly liable in this form of action , being for goods sold ...
... action is maintainable . Where the books come addressed to the deceased gentleman whose estate has come to the defendant , and he keeps the books , I think , therefore , he is clearly liable in this form of action , being for goods sold ...
Page 23
... action of the defendant , either in responding or in doing the thing requested . There remains for consideration the effect of the plaintiff's non - action . When he asked the question whether defendant would bind or renew the policies ...
... action of the defendant , either in responding or in doing the thing requested . There remains for consideration the effect of the plaintiff's non - action . When he asked the question whether defendant would bind or renew the policies ...
Page 28
... action is based upon the theory that such a contract was entered into ; but , to constitute such a contract , it was necessary that the plaintiff should in some way signify his acceptance of the offer , so as to place himself under the ...
... action is based upon the theory that such a contract was entered into ; but , to constitute such a contract , it was necessary that the plaintiff should in some way signify his acceptance of the offer , so as to place himself under the ...
Page 37
... action upon it . Hulse v . Hulse , 17 C. B. 711 ; 84 Eng . Com . Law , 709 . In the absence of any one claiming ... action , and without this there is no right of action . McClure v . Wilson , 43 Ill . 356 , and cases there cited ...
... action upon it . Hulse v . Hulse , 17 C. B. 711 ; 84 Eng . Com . Law , 709 . In the absence of any one claiming ... action , and without this there is no right of action . McClure v . Wilson , 43 Ill . 356 , and cases there cited ...
Page 79
... action ex contractu for debt , the action being based upon the implied promise to pay . But no one will contend that a penalty is a contract , or that one is really under a contract liability to pay it . McCoun v . N. Y. C. ...
... action ex contractu for debt , the action being based upon the implied promise to pay . But no one will contend that a penalty is a contract , or that one is really under a contract liability to pay it . McCoun v . N. Y. C. ...
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Other editions - View all
American Cases on Contract William Reynell Anson,Ernest W 1860-1907 Huffcut,Edwin H 1862-1941 Woodruff No preview available - 2015 |
American Cases on Contract: Arranged in Accordance With the Analysis of ... Ernest W. Huffcut No preview available - 2017 |
Common terms and phrases
acceptance accord and satisfaction action affirmed agent agreed agreement alleged amount answer appears appellee applied assent assignment assumpsit authority bill binding bond bound breach charter-party cited claim common law contract court court of equity covenant creditor damages debt debtor decision declaration deed defendant defendant's delivered delivery demurrer discharge doctrine dollars enforced entitled equity evidence executed executor fact given ground held illegal implied indorsed induced instrument intended interest judge judgment jury justice land law merchant letter liability marriage Mass MASSACHUSETTS ment mortgage negotiable non est factum obligation offer opinion paid pari delicto parties payment performance person plaintiff plaintiff in error principle promise to pay promissory note purchase question reason received recover refused representations request reversed rule says seal sell sold statute of frauds stipulation testator tiff tion tract transaction trial valid verdict void wagering writing
Popular passages
Page 340 - ... 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 232 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...
Page 123 - ... 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 693 - 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 603 - ... 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 365 - 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 633 - Appeal from order of the General Term of the Supreme Court in the third judicial department...
Page 80 - ... for a rule to show cause why a new trial should not be granted...
Page 332 - 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.
Page 423 - ... 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.