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acceptance according action agreed agreement alleged amount answer appears applied assignment authority Bank benefit bill binding bound breach brought building called cause circumstances claim complete condition consideration considered contract court covenant damages debt decision deed defendant defendant's delivered delivery demand difference discharge effect entered entitled error evidence executed existence express fact further give given ground held intention interest judge judgment jury land letter liable limited Lord March Mass matter means ment months necessary notice objection obligation offer opinion paid parties payment performance person plain plaintiff plea present principle promise purchase question reason received recover reference refused regard Reported request rule seal sell ship statute sufficient suit taken tender thing tion tract trial unless whole writing
Side 588 - Where there is a contract to sell goods to be delivered by stated instalments, which are to be separately paid for, and the seller makes defective deliveries in respect of one or more...
Side 510 - If a day be appointed for payment of money or part of it, or for doing any other act, and the day is to happen or may happen before the thing which is the consideration of the money or other act is to be performed, an action may be brought for the money, or for not doing such other act before performance ; for it appears that the party relied upon his remedy, and did not intend " to make the performance a condition precedent...
Side 588 - ... on the terms of the contract and the circumstances of the case, whether the breach of contract is...
Side 563 - ... an implied condition that the parties shall be excused in case, before breach, performance becomes impossible from the perishing of the thing without default of the contractor.
Side 889 - ... 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 the defendant, but because they will not lend their aid to such a plaintiff.
Side 835 - Champerty is a species of maintenance and punished in the- same manner ; being a bargain with a plaintiff or defendant, campum partire, to divide the land or other matter sued for between them, if they prevail at law : whereupon the champertor is to carry on the party's suit at his own expense.
Side 662 - The promisee, if he pleases, may treat the notice of intention as inoperative, and await the time when the contract is to be executed, and then hold the other party responsible for all the consequences of non-performance ; but in that case he keeps the contract alive for the benefit of the other party as well as his own.
Side 429 - ... unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.