 | Judah Philip Benjamin - 1888 - 1034 sider
...Cairns, at p. 320. Jervia v. Berridge,1 the Statute of Frauds " is a weapon of defence, not offence, and does not make any signed instrument a valid contract...the good faith and real intention of the parties. § 209. On the same principle parol evidence is admissible for the purpose of showing that the written... | |
 | Judah Philip Benjamin - 1888 - 810 sider
...Lord Selborne in Jervis v. Berridge,4 the Statute of Frauds "is a weapon of defence, not offence, and does not make any signed instrument a valid contract...according to the good faith and real intention of the parties.6] § 232. * On the same principle parol evidence is [*174] admissible for the purpose of showing... | |
 | Frederick Pollock - 1889 - 816 sider
...109, 115, 35 LJLJ Ch. 518. (p) Guardhouie\:£laftburn(]&66) (r) (1873) 8 Ch. 351, 359, 360, 42 dant from using the written document in a manner inconsistent...is or is not the result of a mistake is immaterial " (x). Again it has been held, and that by Courts of common Collateral law not having equity jurisdiction,... | |
 | William Frederick Webster - 1889 - 538 sider
...p. 323, lays down the doctrine that " the Statute of Frauds is a weapon of defence, not offence, and does not make any signed instrument a valid contract by reason of the signature, if it is not suc^ according to the good faith and real intention of the parties." (2.) The vendor cannot enforce... | |
 | Henry Seaborne, William Arnold Jolly - 1897 - 406 sider
...of offence, and does not make a signed document which complies with its provisions a valid contract if it is not such " according to the good faith and real intentions of the parties "(l). The question in each case must be, has there, in fact, been a concluded... | |
 | John Mews - 1898 - 1006 sider
...stated in Jerrif v. fíerridgp. that " the Statute of Frauds is a weapon of defence, not offence, and does not make any signed instrument a valid contract...the good faith and real intention of the parties," affirmed. Jiiixnet/ v. Ilorne-Payne, 48 Ъ. J., Ch. 846 ; 8 App. Cas. 311 ; 41 LT l ; 27 Vf. R. 585.... | |
 | John Mews - 1898 - 998 sider
...stated in • Jerri* v. lierridge. that "the Statute of Frauds is a weapon of defence, not offence, and does not make any signed instrument a valid contract...according to the good faith and real intention of the jorties," affirmed. M/issei/ v. Horim-Paync, 48 LJ, Ch. 846 ; 8 App. Cas. 311 ; 41 LT 1 ; 27 WR 585.... | |
 | Henry Seaborne, William Arnold Jolly - 1901 - 488 sider
...make a signed document, which complies with its provisions, a (a) 29 Car. 2, c. 3, A valid contract, if it is not such, " according to the good faith and real intentions of the parties " (6). An agreement is the result of the mutual assent of two parties to... | |
 | Louis Arthur Goodeve - 1904 - 548 sider
...that no contract was in fact concluded.10 The statute is "a weapon of defence, not offence, and it does not make any signed instrument a valid contract...according to the good faith and real intention of the parties."11 3. Note or memorandum. What it must contain. Price. Distinction between written con tract... | |
 | Joseph Henry Dart - 1905 - 996 sider
...approving of the purchase (A). Policy of. The statute is " a weapon of defence, not of offence, and does not make any signed instrument a valid contract...if it is not such according to the good faith and intention of the parties" (;'). Moreover it does not make the contract void, but merely unenforceable,... | |
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... but only to prevent the defendant from using the written document in a manner inconsistent with the real agreement, there was no difficulty raised by the Statute of Frauds, "which does not make any signed instrument a valid contract by reason of the... 
