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acceptance according action actually agent agreed agreement amount assignment authority Bank benefit binding bound breach buyer cause certain circumstances claim common condition consideration considered construction contract Court create creditor damages debt debtor defendant delivered delivery effect enforced entitled equity event executed exist express fact fraud future give given ground held illegal implied imposed infant intended knowledge land latter liability Mass means ment merely mistake nature necessary object obligation obtained offer option paid party payment performance plaintiff principle promise promise to pay promisor purchase question reasonable received recover refused relating rescind rule says seal sell seller Smith sold statement statute stipulated subsequent sufficient thing third person tion tract transaction true unless valid void writing
Side 143 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Side 237 - We do not see how a better test can be applied to the question whether reasonable or not, than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.
Side 128 - No action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate...
Side 242 - For no country ever takes notice of the revenue laws of another. " <The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy...
Side 84 - A valuable consideration, in the sense of the law, may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered, or undertaken by the other.
Side 457 - ... such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself — or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Side 285 - ... as by the known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of the same words...
Side 46 - A proposal to accept, or an acceptance, upon terms varying from those offered, is a rejection of the offer, and puts an end to the negotiation, unless the party who made the original offer renews it, or assents to the modification suggested.
Side 421 - There seems no doubt that where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become unexpectedly burdensome or even impossible.