The Law of Contracts, Volum 3Baker, Voorhis & Company, 1920 |
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Side 2327
... given in pay- ment or as security ... 1922a Effect of conditional payment .. 1923 Note given in payment of an unenforceable claim . 1924 Arbitration and award generally merge claim .. 1925 Exceptions at common law ...... 1926 Authority ...
... given in pay- ment or as security ... 1922a Effect of conditional payment .. 1923 Note given in payment of an unenforceable claim . 1924 Arbitration and award generally merge claim .. 1925 Exceptions at common law ...... 1926 Authority ...
Side 2332
... given at a later time than was agreed . The Civil law makes a distinction in terms between mora or delay in performance , and a breach in other respects than in time , of the duty to perform . The difference is not so sharply defined in ...
... given at a later time than was agreed . The Civil law makes a distinction in terms between mora or delay in performance , and a breach in other respects than in time , of the duty to perform . The difference is not so sharply defined in ...
Side 2333
... given for the delay as a separate matter . At law a promise to pay money is almost the only kind of promise which can be specifically enforced , and the common law in en- forcing an obligation to pay an agreed sum of money ceived that ...
... given for the delay as a separate matter . At law a promise to pay money is almost the only kind of promise which can be specifically enforced , and the common law in en- forcing an obligation to pay an agreed sum of money ceived that ...
Side 2352
... given in exchange for each other , and if the exchange fails on one side owing to de- fective performance , the other party may likewise decline to perform . This reason was pretty well hidden during the early development of the ...
... given in exchange for each other , and if the exchange fails on one side owing to de- fective performance , the other party may likewise decline to perform . This reason was pretty well hidden during the early development of the ...
Side 2365
... given founded on facts happening subse- quent to the date of the writ . In equity the rule is otherwise . In equity rights accruing to the plaintiff after the filing of the bill which grow out of the matters on which the bill is founded ...
... given founded on facts happening subse- quent to the date of the writ . In equity the rule is otherwise . In equity rights accruing to the plaintiff after the filing of the bill which grow out of the matters on which the bill is founded ...
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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.