The Law of Contracts, Volum 3Baker, Voorhis & Company, 1920 |
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Side 2320
... Statement by Taft , J. , of permissible restraints . 1637 Partial restraints are valid ; limit of time . 1638 Limits of space . 1639 Contract implied on sale of good will . . 1640 Sale of business with restrictive covenant is valid ...
... Statement by Taft , J. , of permissible restraints . 1637 Partial restraints are valid ; limit of time . 1638 Limits of space . 1639 Contract implied on sale of good will . . 1640 Sale of business with restrictive covenant is valid ...
Side 2331
... statement of Fuller , C. J .. Other English cases . Hochster v . De La Tour ... Modern law ...... 1301 1302 1303 1304 1305 1306 1307 1308 1309 1310 1311 1312 1313 1314 Distinction between defence and right of action ...... 1315 ...
... statement of Fuller , C. J .. Other English cases . Hochster v . De La Tour ... Modern law ...... 1301 1302 1303 1304 1305 1306 1307 1308 1309 1310 1311 1312 1313 1314 Distinction between defence and right of action ...... 1315 ...
Side 2345
... statement is on principle and though it probably expresses the law in regard to unilateral contracts , the preva- lent doctrine in regard to bilateral contracts asserts an excep- tion to it where there is a repudiation of the ...
... statement is on principle and though it probably expresses the law in regard to unilateral contracts , the preva- lent doctrine in regard to bilateral contracts asserts an excep- tion to it where there is a repudiation of the ...
Side 2349
... statement justified a violation of that duty.49 It need not be contended that in every case the principle of damages in question will deprive the plaintiff of the right to continue performance of the contract after it has been repudi ...
... statement justified a violation of that duty.49 It need not be contended that in every case the principle of damages in question will deprive the plaintiff of the right to continue performance of the contract after it has been repudi ...
Side 2351
... statement of the plaintiff's second alter- native is that " The promisee may , if he thinks proper , treat the repudiation of the other party as a wrongful putting an end to the contract , and may at once bring his action as on a breach ...
... statement of the plaintiff's second alter- native is that " The promisee may , if he thinks proper , treat the repudiation of the other party as a wrongful putting an end to the contract , and may at once bring his action as on a breach ...
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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.