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A Treatise on the Specific Performance of Contracts: Including Those of ...
Sir Edward Fry
Uten tilgangsbegrensning - 1858
acceptance action agent agreed agreement alleged allowed amount appears apply arising authority Beav bill bound breach Chancery circumstances claim Common Law compensation completion condition consideration considered contained contract course Court covenant damages decided decision decree deed default defendant Distinguish effect enforce entered entitled Equity evidence execution existence express fact fraud further give grant ground held infra intended interest judgment jurisdiction L. J. Ch land lease London Lord matter mistake nature notice objection original paid parol particular party payment person plaintiff possession prevent principle proceedings purchase-money purchaser question Railway Railway Co reason referred refused regard relation relief rent rescind respect rule seems sell shares Smith sold specific performance statute stipulation subsequent suit supra taken tenant thing trustee vendor writing
Side 38 - ... the option of retaining the goods on payment of damages. The judgment or decree may be unconditional, or upon such terms and conditions as to damages, payment of the price and otherwise, as to the court may seem just.
Side 305 - Any contract which if made between private persons would by law be valid although made by parol only, and not reduced into writing, may be made by...
Side 543 - Act had not passed, to apply to any Court to restrain the prosecution thereof, or who may be entitled to enforce, by attachment or otherwise, any judgment decree rule or order, contrary to which all or any part of the proceedings in such cause or matter...
Side 304 - English law to be under seal, may be made on behalf of the company in writing under the common seal of the, company...
Side 381 - ... all such remedies whatsoever as any of the parties thereto may appear to be entitled to in respect of any and every legal or equitable claim properly brought forward by them respectively in such cause or matter; so that, as far as possible, all matters so in controversy between the said parties respectively may be completely and finally determined, and all multiplicity of legal proceedings concerning any of such matters avoided.
Side 119 - ... it is competent to show that one or both of the contracting parties were agents for other persons and acted as such agents in making the contract, so as to give the benefit of the contract on the one hand to and charge with liability on the other the 10 unnamed principals and this whether the agreement be or be not required to be in writing by the Statute of Frauds; and this evidence in no way contradicts the written agreement.
Side 239 - ... or any interest in or concerning them, or upon any agreement that is not to be performed within the space of one year from the making thereof, 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...
Side 305 - And all contracts made according to the provisions herein contained shall be effectual in law, and shall be binding upon the company and their successors, and all other parties thereto, their heirs, executors, or administrators, as the case may be...
Side 272 - Frauds does not prevent the proof of a fraud ; and that it is a fraud on the part of a person to whom land is conveyed as a trustee, and who knows it was so conveyed, to deny the trust and claim the land himself. Consequently, notwithstanding the statute, it is competent for a person claiming land conveyed to another to prove by parol evidence that it was so conveyed upon trust for the claimant, and that the grantee, knowing the facts, is denying the trust and relying upon the form of conveyance...