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Bøker Bok 110 av 45... but only to prevent the defendant from using the written document in a manner...
" ... but only to prevent the defendant from using the written document in a manner inconsistent with the real agreement, there was no difficulty raised by the Statute of Frauds, "which does not make any signed instrument a valid contract by reason of the... "
Principles of Contract at Law and in Equity: Being a Treatise on the General ... - Side 477
av Frederick Pollock - 1881 - 770 sider
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The Law Reports, Chancery Appeal Cases: Including Bankruptcy and ..., Volum 8

Great Britain. Court of Chancery - 1873
...Society. To the question so raised the Statute of Frauds (which is a weapon of defence, not offence, and which does not make any signed instrument a valid...the good faith and real intention of the parties) is wholly irrelevant. Mr. Freeling, on the other head, argued (citing Clifford v. Turrell (1), before...
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Principles of Contract at Law and in Equity: Being a Treatise on the General ...

Frederick Pollock - 1878 - 636 sider
...paper beyond question binding and of full effect " (/(). So in the late case of Jewis v. Berriilye (I) it was held that a document purporting to be a written...is or is not the result of a mistake is immaterial " (r). Heal ex- "We shall see however that the heads now to be discussed Presen* *wo <^assos °t re^ly...
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Reports of Cases Decided by the English Courts: With Notes and ..., Volum 5

Nathaniel Cleveland Moak - 1879
...Society. To the question so raised the Statute of" Frauds (which is a weapon of defense, not offense, and which does not make any signed instrument a valid...the good faith and real intention of the parties) is wholly irrelevant. Mr. Creeling, on the other head, argued (citing Clifford v. Ttirrell ('), before...
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The Albany Law Journal: A Weekly Record of the Law and the Lawyers, Volum 20

1879
...Berridge, LR, 8 Ch. App. 360, that " the Statute of Frauds is a weapon of defense, not offense, and does not make any signed instrument a valid contract by reason of the signature, if it is not euch according to the good faith and real intention of the parties," affirmed. House of Lords, May...
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The Australian Law Times, Volum 23

1902
...necessarily follow that a binding agreement has been arrived at. The* Statute of Frauds " does not make a signed instrument a valid contract by reason of the...the good faith and real intention of the parties." Jervis v. ferriage, L. 11. 8 Gh., at p. 360. And where a Court has to find a contract in a correspondence,...
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A Treatise on the Specific Performance of Contracts

Sir Edward Fry - 1884 - 804 sider
...case of Jervis v. Berridge,(j0) that the Statute of Frauds 'is a weapon of defense, not offense,' and 'does not make any signed instrument a valid contract...the good faith and real intention of the parties.' " § 5O3. The same principle was affirmed by the House of Lords in the case of Caton v. Caton,(<?)...
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Reports of Cases Decided by the English Courts: With Notes and ..., Volum 33

Nathaniel Cleveland Moak - 1884
...stated in Jervis v. Berridge, that " the Statute of Frauds is a weapon of defence, not offence, and does not make any signed instrument a valid contract...the good faith and real intention of the parties." affirmed. Hius&ey v. Horn-Payne. 210, 221 note. See PLEADINGS, 31. FREIGHT. See RAIL-WATS, 182. FUNDS....
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Principles of Contract: Being a Treatise on the General Principles ...

Frederick Pollock - 1885 - 744 sider
...inDruiJ'y. Lord D. 620. 1'arkcr, a Eq. 131, 137. («) Pym v. Campbell, 6 E. & B. (.-) 8 Ch. 351, 359, 360. purchase of lands " was . . . not a contract valid...is or is not the result of a mistake is immaterial" (a). We shall see however that the heads now to be discussed Real expreseut two classes of really exceptional...
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A Concise Treatise on the Law Relating to Sales of Land

Aubrey St. John Clerke, Hugh McNab Humphry - 1885 - 586 sider
...see Dovies v. Otly, 35 Beav. 208. " The Statute of Frauds is a weapon of defence, not offence, and does not make any signed instrument a valid contract...the good faith and real intention of the parties": per Lord Selborne, LC, Jen-is v. Berridge, LE 8 Ch. 351, 360. This observation was accepted and approved...
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A Treatise on the Law and Practice Relating to Vendors and ..., Volum 1

Joseph Henry Dart, William Barber, Richard Burdon Haldane Haldane (Viscount), William Robert Sheldon - 1888
...would soem, operate, as an underlease (k). The statute " is a weapon of defence, not of offence, and does not make any signed instrument a valid contract...to the good faith and real intention of the parties " (/). An instrument void as a lease may be supported as an agreement. A lease for a term exceeding...
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