The Law of Contracts, Volum 3Baker, Voorhis & Company, 1920 |
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Side 2318
... matter of law affecting the situation antecedent to the bargain .... 1588 Mistake as to antecedent private rights ...... 1589 Money paid under a mistake of law by a public officer or to an officer of the court .... 1590 Mistake of law ...
... matter of law affecting the situation antecedent to the bargain .... 1588 Mistake as to antecedent private rights ...... 1589 Money paid under a mistake of law by a public officer or to an officer of the court .... 1590 Mistake of law ...
Side 2333
... 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 the promise itself continued in ...
... 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 the promise itself continued in ...
Side 2334
... matter , or as a surety for a third per- son . There if the agreement be that he will pay on request , the request is parcel of the contract , and must be specially al- leged and proved . " 7 The explanation of the anomaly that a debtor ...
... matter , or as a surety for a third per- son . There if the agreement be that he will pay on request , the request is parcel of the contract , and must be specially al- leged and proved . " 7 The explanation of the anomaly that a debtor ...
Side 2398
... matter of course and without dis- cussion the first measure when the failure is total . Shaw v . Smith , 45 Kans . 334 , 25 Pac . 886 , 11 L. R. A. 681 ; Crutcher v . Elliott , 13 Ky . L. Rep . 592 ; Van Wyck v . Allen , 69 N. Y. 61 ...
... matter of course and without dis- cussion the first measure when the failure is total . Shaw v . Smith , 45 Kans . 334 , 25 Pac . 886 , 11 L. R. A. 681 ; Crutcher v . Elliott , 13 Ky . L. Rep . 592 ; Van Wyck v . Allen , 69 N. Y. 61 ...
Side 2448
... matter for which the cases are here cited ; namely , the power of a court of law to treat an election on the part of the plaintiff as effectual to transfer title to property to the defendant . Suing for the earlier instalments of the ...
... matter for which the cases are here cited ; namely , the power of a court of law to treat an election on the part of the plaintiff as effectual to transfer title to property to the defendant . Suing for the earlier instalments of the ...
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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.