The Law of Contracts, Volum 3Baker, Voorhis & Company, 1920 |
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Resultat 1-5 av 100
Side 2368
... fact that the damages or all of them have not yet been suffered is no bar in any form of action to the recovery of damages estimated on the basis of full compensation . This is law where the doctrine of Hoch- ster v . De la Tour is ...
... fact that the damages or all of them have not yet been suffered is no bar in any form of action to the recovery of damages estimated on the basis of full compensation . This is law where the doctrine of Hoch- ster v . De la Tour is ...
Side 2382
... fact the contract in ques- tion in that case seems to have been executory on both sides . 65 See preceding notes . 66 McCready v . Lindenborn . 172 N. Y. 400 , 65 N. E. 208. In Oliver v . Loyden , 163 Cal . 124 , 124 Pac . 731 , 732 ...
... fact the contract in ques- tion in that case seems to have been executory on both sides . 65 See preceding notes . 66 McCready v . Lindenborn . 172 N. Y. 400 , 65 N. E. 208. In Oliver v . Loyden , 163 Cal . 124 , 124 Pac . 731 , 732 ...
Side 2388
... fact the injured party was induced by the repudiation to refrain from performance on his. 84 Landes v . Klopstock , 252 Fed . 89 , 164 C. C. A. 201 . 85 See the following section . 86 In Tri - Bullion Smelting , etc. , Co. v . Jacobsen ...
... fact the injured party was induced by the repudiation to refrain from performance on his. 84 Landes v . Klopstock , 252 Fed . 89 , 164 C. C. A. 201 . 85 See the following section . 86 In Tri - Bullion Smelting , etc. , Co. v . Jacobsen ...
Side 2410
... fact in reduction of the sum the promisee is entitled to recover under the independent promise . The case of International Text - Book Co. v . Martin , 82 Neb . 403 , 117 N. W. 994 , seems in effect to be a decision that there is such a ...
... fact in reduction of the sum the promisee is entitled to recover under the independent promise . The case of International Text - Book Co. v . Martin , 82 Neb . 403 , 117 N. W. 994 , seems in effect to be a decision that there is such a ...
Side 2441
... fact of the wide adoption of a doctrine which is , and is known to be , contrary to the rule previously prevailing shows that the new doctrine must commend itself to the sense of jus- tice of the courts , and if the matter be looked at ...
... fact of the wide adoption of a doctrine which is , and is known to be , contrary to the rule previously prevailing shows that the new doctrine must commend itself to the sense of jus- tice of the courts , and if the matter be looked at ...
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Vanlige uttrykk og setninger
action agreed agreement Allen allowed amount applied Bank bargain breach of contract buyer cited Conn court of equity covenant creditor damages debtor decisions defendant defendant's doctrine duress enforced executory fact fraud fraudulent held illegal infra injured intention interest invalid Iowa jurisdictions Kans liable loan Lumber Mass ment Minn misrepresentation mistake mistake of law mutual N. J. Eq N. Y. App N. Y. Misc obligation Ohio St parol evidence rule party payment plaintiff principle promise purchaser question reason recover recovery refusal relief remedy repudiation rescind rescission rule sell seller Smith specific performance statement statute Statute of Frauds supra tender Tenn tion tract transaction United usurious valid void voidable wager warranty
Populære avsnitt
Side 3258 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Side 2844 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted. It is upon that ground the court goes; not for the sake of defendant, but because they will not lend their aid to such a plaintiff.
Side 2901 - ... or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof...
Side 2422 - Where, under a contract of sale, the price is payable on a day certain irrespective of delivery, and the buyer wrongfully neglects or refuses to pay such price, the seller may maintain an action for the price, although the property in the goods has not passed, and the goods have not been appropriated to the contract.
Side 2877 - That it shall be unlawful for any person engaged in commerce, in the course of such commerce, to lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies or other commodities, whether patented or unpatented...
Side 2901 - ... from ceasing to patronize or to employ any party to such dispute, or from recommending, advising, or persuading others by peaceful and lawful means so to do; or from paying or giving to, or withholding from, any person engaged in such dispute, any strike benefits or other moneys or things of value ; or from peaceably assembling in a lawful manner, and for lawful purposes; or from doing any act or thing which might lawfully be done in the absence of such dispute by any party thereto; nor shall...
Side 2400 - ... contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances, so known and communicated.
Side 2639 - There must be a misstatement of an existing fact, but the state of a man's mind is as much a fact as the state of his digestion.
Side 2788 - Ignorantia juris haud excusat ' ; but in that maxim the word ' jus ' is used in the sense of denoting general law. the ordinary law of the country. But when the word ' jus ' is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact ; it may be the result also of matter of (1) LR 2 HL, 149.
Side 2604 - Where the seller delivers to the buyer a quantity of goods less than he contracted to sell, the buyer may reject them, but if the buyer accepts the goods so delivered he must pay for them at the contract rate.