A Treatise on the Construction of the Statute of Frauds: As in Force in England and the United States, with an Appendix, Containing the Existing English and American Statutes
Little, Brown, 1863 - 566 sider
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A Treatise on the Construction of the Statute of Frauds: As in Force in ...
Uten tilgangsbegrensning - 1863
acceptance action actually admitted agent agreed agreement alleged allowed amount answer appears apply assignment authority bargain bill binding brought charged claim clear clearly common consideration considered contract conveyance course court created debt decided decision deed defendant defendant's delivered delivery distinction doctrine effect enforced engagement equity evidence execution expressed fact give given granted ground guaranty held hold intended interest Johns judges land latter lease liability Lord Maine marriage Mass meaning memorandum ment necessary operation opinion original paid parol party payment performance person plaintiff plea possession present principle promise proved purchase question reason received referred regard remarked rule says seems signed Smith sold specific Statute of Frauds subsequent sufficient surrender taken tenant third tion trust unless vendor verbal whole writing written
Side 520 - June (1677) all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Side 516 - ... any contract or sale of lands, tenements, or hereditaments, 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, or some other person thereunto by him lawfully authorized.
Side 316 - ... 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 531 - Car. 2. c. 3. § 4., enacts, that " 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 532 - ... unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing.
Side 526 - A contract for the sale of any goods of the value of fifty dollars or upwards shall not be enforceable by action unless the buyer shall accept part of the goods so sold and actually receive the same, or give something in earnest to bind the...
Side 535 - ... upon any contract for the sale of lands, tenements, or hereditaments, 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 530 - ... 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 payment, or that some note or memorandum in writing of the said bargain, be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
Side 509 - ... hereditaments, shall at any time after the said four and twentieth day of June be assigned, granted or surrendered, unless it be by deed or note in writing, signed by the party so assigning, granting or surrendering the same, or their agents thereunto lawfully authorized by writing, or by act and operation of law.