An Abridgment of the Law of Nisi Prius ...W. Clarke and Sons, 1812 - 1250 էջ |
From inside the book
Արդյունքներ 100–ի 1-ից 5-ը:
Էջ 43
... , whereby a compensation , in damages , may be recovered for an injury sustained by the non - per- formance of a parol agreement . Agreements are distinguished , into agreements by spe- cialty , and agreements by parol . The law of ( 43 )
... , whereby a compensation , in damages , may be recovered for an injury sustained by the non - per- formance of a parol agreement . Agreements are distinguished , into agreements by spe- cialty , and agreements by parol . The law of ( 43 )
Էջ 44
... agreements by parol , the action of covenant or debt being the proper re- medy for the non - performance of agreements by specialty . The essential parts of every parol agreement are , the pro- mise or undertaking of one party , and the ...
... agreements by parol , the action of covenant or debt being the proper re- medy for the non - performance of agreements by specialty . The essential parts of every parol agreement are , the pro- mise or undertaking of one party , and the ...
Էջ 47
... agreement on the part of the plaintiff to take a less sum , and the promise by the defendant to pay that sum , it became the proper debt of the plaintiff , and the action for it maintainable in his own name , without being named execu ...
... agreement on the part of the plaintiff to take a less sum , and the promise by the defendant to pay that sum , it became the proper debt of the plaintiff , and the action for it maintainable in his own name , without being named execu ...
Էջ 52
... agreement : on demurrer , judgment was given for the defendant , because the plaintiff was a stranger to the consideration . The plaintiff declared , that his wife's father being seized of lands now descended to the defendant , and ...
... agreement : on demurrer , judgment was given for the defendant , because the plaintiff was a stranger to the consideration . The plaintiff declared , that his wife's father being seized of lands now descended to the defendant , and ...
Էջ 53
... agreement ( 7 ) . And if any pro- posal of that sort had been made to the commissioners , they , as acting in a public duty , would have been guilty of a breach of that duty in acceding to it . " Consideration past or executed . It ...
... agreement ( 7 ) . And if any pro- posal of that sort had been made to the commissioners , they , as acting in a public duty , would have been guilty of a breach of that duty in acceding to it . " Consideration past or executed . It ...
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Common terms and phrases
acceptance acceptor act of bankruptcy action brought action for money adjudged afterwards agreement appear arrest assigned assumpsit averred bankrupt bill of exchange bond breach Buller Burr Camp carrier Carth cause of action cited commission common law consideration contract court covenant coverture Cowp creditor damages deed defendant pleaded defendant's delivered demised demurrer detinue discharged distrain Doug drawer East East's Eliz endorser evidence execution executor feme covert fendant given heir holden Holt C. J. indenture Inst issue judgment jury land latitat lease lessee lessor liable Lord Ellenborough C. J. Lord Hardwicke Lord Mansfield marriage ment non est factum notice observed opinion paid party payable payee payment person plaintiff plea promise promissory note prove Raym received recover rent rule Salk sheriff shew stat statute sued sufficient tenant testator tion trade trespass usury verdict void Wils writ
Սիրված հատվածներ
Էջ 443 - After verdict for the plaintiff, it was moved in arrest of judgment that the action would not lie for this false affirmation, but the plaintiff ought to have informed himself by others.
Էջ 239 - ... in the same manner as if the action had been brought by and in the name of the deceased.
Էջ 464 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the Defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Էջ 224 - ... if he shall have paid the debt, or any part thereof, in discharge of the whole debt...
Էջ 459 - When a ship is driven on shore, it is the duty of the master either to repair his ship, or to procure another; and having performed the voyage, he is then entitled to his freight ; but he is not entitled to the whole freight, unless he perform the whole voyage, except in cases where the owner of the goods prevents him ; nor is he entitled pro rata unless under a new agreement.
Էջ 226 - ... petition to the Lord Chancellor, Lord Keeper or Lords Commissioners of the Great Seal...
Էջ 124 - ... and this he is ready to verify; wherefore he prays judgment if the plaintiff ought further to maintain his action.
Էջ 411 - And this difference was taken, that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him.
Էջ 137 - Defendant, or if either Party sue or be sued as Executor or Administrator, where there are mutual Debts between the Testator or Intestate and either Party, one Debt may be set against the other, and such Matter may be given in Evidence upon the General Issue, or pleaded in Bar, as the Nature of the Case shall require...
Էջ 230 - That where it shall appear to the commissioners, or the major part of them, that there hath been mutual credit given by the bankrupt and any other person...