Reports of Cases Argued and Determined in the Court of Exchequer: And Upon Writs of Error from that Court to the Exchequer Chamber, Volum 1;Volum 130Henry Butterworth, Richard Pheney, and G. F. Cooper, 1840 |
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Side 6
... matter of excuse for the non - performance of the promise , Isaac v . Farrar ( a ) , Crisp v . Griffiths ( b ) . But where the plea denies the promise alleged in the declaration , or the facts from which the law implies a promise , the ...
... matter of excuse for the non - performance of the promise , Isaac v . Farrar ( a ) , Crisp v . Griffiths ( b ) . But where the plea denies the promise alleged in the declaration , or the facts from which the law implies a promise , the ...
Side 7
... matter of excuse ; it admits the contract , but shews the work was done under such circumstances as to excuse the party from paying for it . Besides , the objection to the repli- cation , can only be taken advantage of on special ...
... matter of excuse ; it admits the contract , but shews the work was done under such circumstances as to excuse the party from paying for it . Besides , the objection to the repli- cation , can only be taken advantage of on special ...
Side 8
... matter of form ; which shewed that this objection was not here matter of form . But his Lordship does not appear to have adverted to the circumstance above mentioned , that too strict a construction had been put on the Statute of Eliz ...
... matter of form ; which shewed that this objection was not here matter of form . But his Lordship does not appear to have adverted to the circumstance above mentioned , that too strict a construction had been put on the Statute of Eliz ...
Side 17
... matter of induce- ment or a fact , separately and independently alleged in it , but it is involved in the breach of duty , and therefore in issue under the plea of not guilty . In actions for an escape , the plea of not guilty operates ...
... matter of induce- ment or a fact , separately and independently alleged in it , but it is involved in the breach of duty , and therefore in issue under the plea of not guilty . In actions for an escape , the plea of not guilty operates ...
Side 22
... matter . PARKE , B. - A different rule may be applied where there is a long bill from the case of a short one , where the attorney must know how much he is entitled to charge . The rule must be absolute . ( a ) See Barker v . Wills , 2 ...
... matter . PARKE , B. - A different rule may be applied where there is a long bill from the case of a short one , where the attorney must know how much he is entitled to charge . The rule must be absolute . ( a ) See Barker v . Wills , 2 ...
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Reports of Cases Argued and Determined in the Court of ..., Volumer 1-2 Great Britain Court of Exchequer Ingen forhåndsvisning tilgjengelig - 2015 |
Vanlige uttrykk og setninger
Act of Parliament affidavit aforesaid afterwards agreed agreement ALDERSON alleged amount appeared apply assigns Assizes assumpsit attorney averment award bail bankrupt bill Bing cause of action chattels commenced Company contended contract costs count Court covenant creditors damages debt declaration default defendant defendant pleaded defendant's delivered demurrer discharged Dowl entered entitled evidence Exchequer execution executor fendant GRAND JUNCTION RAILWAY granted ground guilty held Hilary Term insolvent issue James Davison Jane Carter John Trenchard judgment jury land learned judge lease lessor liable Lord ABINGER matter ment mentioned misjoinder nonsuit notice objection obtained a rule opinion paid PARKE party payment person plaintiff plea possession premises promissory note question railway received recover refused rent replication respect Secondly sheriff shew cause Statute Statute of Frauds sufficient suit tenant Term testator thereof tiff tion trial verdict William Penney words writ
Populære avsnitt
Side 39 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Side 217 - Eliz. were grown into blades, the defendant, in consideration that the plaintiff, at the special instance and request of the said...
Side 222 - Where a covenant goes only to part of the consideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant; and an action may be maintained for a breach of the covenant on the part of the defendant, without averring performance in the declaration.
Side 26 - The Rule of law is laid down with perfect correctness in the case of Butterfield v. Forrester (x), that although there may have been Negligence on the part of the plaintiff, yet unless he might by the exercise of ordinary care have avoided the consequences of the defendant's Negligence, he is entitled to recover. But if by ordinary care he might have avoided them, he is the author of his own wrong.
Side 232 - AB, administrator of all and singular the goods and chattels, rights and credits of JK, deceased, do make, or cause to be made, a true and perfect inventory of all and singular the goods and chattels, rights and credits...
Side 232 - The Condition of this Obligation is such, that if the above bounden Administrator of all and singular the Goods Chattels and Credits of Deceased, do make or cause to be made a true and perfect Inventory of all and singular the Goods Chattels and Credits of the said Deceased...
Side 30 - The question for the opinion of the Court is, whether, under the above circumstances, the plaintiffs are entitled to maintain the action.
Side 164 - Justice directed the verdict to be entered for the defendants, with liberty to the plaintiff to move to enter a verdict for the plaintiff on the third issue, as stated in the commencement of this special case.
Side 455 - ... or defendant in person, as the case may be, mentioning the city, town, or parish, and also the name of the hamlet, street, and number of the house of such plaintiff's or defendant's residence, if any such there be.
Side 506 - Held, that this was not a contract for the sale of an interest in land, within the fourth section of the statute of frauds.