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" P. 249), and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended... "
Cases Determined in the Supreme Court of Washington - Side 135
av Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1910
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A Digest of the Cases Decided and Reported in the Supreme Court of ...

William Johnson - 1837 - 678 sider
...consideration, which might have been enforced at low, through the medium of an implied promise, hud it not been suspended by some positive rule of law...not barred by any legal maxim or statute provision." 56. Where money has been paid, and a receipt taken, and afterwards, the jMirty to whom the money was...
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Reports of Cases Argued and Determined in the Court of King's ..., Volum 11

Great Britain. Court of King's Bench, John Leycester Adolphus - 1841 - 1144 sider
...implied promise, had it not been suspended by some positive rule of law ; but can give no original cause of action, if the obligation, on which it is founded,...not barred by any legal maxim or statute provision." Instances are given of voidable contracts, as those of infants ratified by an express promise after...
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Reports of Cases Argued and Determined in the Court of Queen's Bench: And ...

Great Britain. Court of King's Bench, Sir Erskine Perry, Henry Davison - 1841 - 734 sider
...implied promise, had it not been suspended by some positive rule of law, but can give no original cause of action if the obligation, on which it is founded,...not barred by any legal maxim or statute provision." Instances are given of voidable contracts, as those of infants, ratified by an express promise after...
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A Practical Treatise on the Law of Contracts, Not Under Seal: And Upon the ...

Joseph Chitty - 1841 - 1040 sider
...implied promise, had it not been suspended by some positive rule of law, but can give no original cause of action if the obligation on which it is founded...not barred by any legal maxim or statute provision (*). And equity will not enforce the performance of a verbal promise by a single man, that he would...
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The Jurist, Volum 6,Del 2

1843 - 564 sider
...implied promise, had it not been suspended by some positive rule of law, but can give no original cause of action, if the obligation on which it is founded...not barred by any legal maxim or statute provision." It would seem, therefore, that the case of Gibson v. Dickie, (3 II. & S. 433), where a declaration,...
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The Reports of the Most Learned Sir Edmund Saunders, Knt ..., Volum 2,Utgave 1

Great Britain. Court of King's Bench, Sir Edmund Saunders - 1845 - 602 sider
...promise, had it not been suspended " by some positive rule of law ; but can " give no original cause of action, if " the obligation, on which it is founded,''...barred by any legal " maxim or statute provision." 11 A. & E. 438. 447. Eastwood v. Kenyan. 3 P. & D. 276. SC The case above cited of Lee v. Muggeridge...
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Reports of Cases at Law and in Equity Argued and Determined in the ..., Volum 14

Arkansas. Supreme Court - 1854 - 780 sider
...implied promise, had it not been suspended by some positive rule of law, but can give no original cause of action, if the obligation on which it is founded...barred by any legal maxim or statute provision." The same rule is laid down in 3 Bosanguet $• Puller 244. Smith vs. Vare, 13 John. R. 258. In the case...
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The Law of Contracts: In a Course of Lectures Delivered at the Law Institution

John William Smith - 1847 - 438 sider
...implied promise, had it not been suspended by some positive rule of law, but can give no original cause of action, if the obligation on which it is founded...not barred by any legal maxim or statute provision." Lord DENMAN CJ thus explains, in Eastwood v. Kenyan, the broad principle upon which this doctrine is...
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The Exchequer Reports: Reports of Cases Argued and Determined in ..., Volum 2

Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - 1849 - 892 sider
...(b). In a note to the case of Wennallv. Abney (c), the rule is thus stated: — " An express promise, as it should seem, can only revive a precedent good...not barred by any legal maxim or statute provision." Following out the principle there laid down, it is held that the same consideration may, before the...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volum 6

Oliver Lorenzo Barbour, New York (State). Supreme Court - 1850 - 712 sider
...implied promise, had it not been suspended by some positive rule of law ; but can give no original cause of action if the obligation on which it is founded...not barred by any legal maxim or statute provision." And indeed the promise of a certificated bankrupt must be express, distinct and unequivocal. (Fleming...
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