The Law of Contracts, Հատոր 1

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Baker, Voorhis & Company, 1920 - 4182 էջ

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Pelers 31
47
34
54
riie s and agreements of service indefinite as to time 39
64
Wirs and agreements where the promisor retains an option 43
70
stars and agreements where something is reserved for future determination 45
78
CHAPTER IV
84
Revocation is not effectual until communicated
95
Attempted solutions of the difficulty
102
Termination of offers by death or insanity
110
The use of the mail or telegraph must have been authorized in order that
114
An intention not to accept may prevent the formation of a contract
116
Notice of allotment of shares
123
Illustrations in cases of offered rewards
129
Conditions in an acceptance which do not qualify in legal effect the offer
136
An acceptance must be properly stamped and addrwsed 84
147
Implication of assent and counter promise 90
153
Qualification of principles of the preceding section
163
Silent inaction with intent to accept
171
When mistake will prevent the formation of a contract 95
178
Place of contract 97
186
A bilateral agreement may be valid though one party may avoid the agree
188
Forbearance or promise of forbearance as consideration 135
189
Differing modern tests of consideration 100
192
Technical meaning of benefit and detriment 102a
198
A distinct principle is necessary to explain bilateral contracts 103a
204
Final definition of valid consideration in bilateral contracts 103f
214
Agreements under seal need no consideration
228
To whom the consideration must move
235
Recital of consideration in sealed instruments
242
Charitable subscriptions
249
A promise contingent on an unknown past event is valid consideration 119
255
Payment or security differing in time medium place from the debtors legal
262
Payment of debt by a third person
268
Performance or promise to perform any obligation previously existing under
275
Whether performance or promise to perform a contractual duty previously
281
Analogous but distinguishable cases
287
Considetation void in part
293
Construction of agreements to forbear 136
300
Estoppel as a substitute for consideration 139
307
Mutuality 140
315
Promises in consideration of an act previously done at the request of the prom
323
A previous moral obligation is generally held an insufficient consideration
329
Varying language of the fourth and seventeenth sections of the English
334
Promises to rectify mistakes or previous illegal transactions 150
335
acceptance
339
Promise by a discharged bankrupt 158
343
A new promise or acknowledgment is sufficient whether made before or after
349
Acknowledgments qualified by refusal or statement of inability to pay 168
355
Illustrations of insufficient acknowledgment 172
361
Partial payment must be voluntary 175
366
When a conditional new promise needs acceptance 180
372
Promises without consideration not to plead the Statute of Limitations 184
378
To whom a new promise must be made 189
384
New promise or part payment by a partner 192
390
New promise or part payment made by a surety 195
396
A new promise based on a previous agreement within the Statute of Frauds 199
402
Waiver 203
408
Acceptance of a sealed instrument containing promises by the acceptor does
411
Adoption of a seal 208
416
How far intent to deliver must be accompanied with actual delivery 211
423
not bind him as a covenantor 214
426
Statutes changing the common law of sealed instruments 218
432
Ealry law as to the dity of an infants contract 223
439
Transactions which cannot be avoided by an infant 228
446
Whether the privilege may be exercised against a subsequent purchaser
452
Restoration of consideration 238
459
Liability for necessaries 240
466
Money advanced for the purchase of necessaries 243
472
False representations of age 245
478
Actions by and against infants 248
484
Insane persons early law 249
487
Lunatics contracts valid in some cases 254
494
During guardianship lunatics bargains are void 257
501
CHAPTER X
509
Agency of wife for husband 270
517
Convicts spendthrifts aged persons 272
523
In some states authority for certain acts is required to be in writing 276
529
Apparent authority and estoppel 277
530
When an agents authority is irrevocable 280
537
Rights and liabilities of the principal where the agency is undisclosed 286
546
When ebligors are bound jointly 322
609
When obligors are bound jointly and severally 324
616
V er satisfaction or security upon rights against one joint or joint
626
Les not discharge the others 338
644
enants and qualified releases where one codebtor is a surety 339
651
CHAPTER XIII
668
CONTRACTS FOR THE BENEFIT OF THIRD PEISONS
674
Further illustrations 32
680
Contract to discharge a debt of the promisee
687
Sections
690
Law of other states
694
Receipt of property as consideration for a promise to make a payreut
700
Contracts for the sole benefit of inhabitants of a community
708
What amounts to an assumption of a mortgage
718
Mortgagor should be party to the suit
724
Assumption of liabilities of outgoing partner 388
730
Creditors right to sue both debtor and new promisor 393
736
Distinction between sole beneficiary cases and others often not observed 396b
742
Person incidentally benefited 402
748
Exceptions to the nonassignability of choses in action 406
754
Assignment of bilateral contracts 412
762
Assignment of future rights 414
769
Assignability of right to subscribe to stock 416
775
Personal responsibility in bilateral contracts as preventing assignment 419
783
Express permission of assignment 423
791
Whether an unconditional order or bill of exchange may ever be an assign
800
Orders on a drawee to pay when he has collected 427
801
Formalities requisite for assignment 430
807
Rights of the assignee against the debtor 432
813
Notice to the debtor as affecting the assignees right against him 433
820
Notice to the debtor as affecting the mutual rights of successive assignees 435
826
Whether the assignee is subject to equities of third persons 438
833
Gifts of intangible choses in action 440
840
Right of the debtor to settle with his creditor in spite of partial assignments 444
849
447
856
No promise to perform an obligation imposed by law on the promisor
861
Purpose and history of statute of frauds 448
862
No promise is within the statute unless there is another obligation 454
872
To whom the promise must be made 460
881
of the consideration 464
887
Debts originally incurred as joint and several obligations 466
893
A new promise whereby the promisor makes the debt of another his own 471
901
Importance of distinguishing whether the consideration for a new promise
909
From whom the consideration must move 476
916
Promise to pay for the purchase of a claim is not within the statute 480
922
Promises in part to pay the debt of another or to pay part of the debt
931
What is a contract for sale or purchase 488
941
What is an interest in land 491
948
Part performance of agreements for the sale of land 494
959
Agreements not to be performed within a year 495
966
Promises to support for a term of years 496
972
Promises to marry and promises falling within other clauses of the statute 501
982
Agreements in consideration of marriage 485
985
Contracts performable or performed within a year on one side but not
988
A contract to sell or a sale 507
994
Agreements of compromise 513
1000
Buildings 520
1006
Agreements to execute a written memorandum of an oral contract 524a
1012
Language of American statutes 526
1015
Illustrations of the effect of unenforceable contracts as against the original
1021
Divisible contracts 531
1028
statute 534
1034
The statute as a defence to recovery by a plaintiff in default 538
1040
CHAPTER XIX
1046
Acceptance by dealing with the goods as owner 544
1052
Acceptance under a mistake 550
1058
Receipt of goods in the hands of buyer 557
1066
Part of the goods 561
1072
Time of payment 566
1079
Nonperformance of provisions of a written memorandum caused by a party
1080
Contents of memorandumConsideration 570
1085
Contents of the memorandum Consideration if not necessary may be
1093
Contents of memorandumOther terms of the contract 575
1104
Intent to make a memorandum is not requisite 579
1114
Separate documentsIncorporation by reference 581
1121
Separate documentsIncorporation by necessary inference 582
1128
Or his agent in that behalf 587
1136
Written contracts may be varied by subsequent oral agreement 591
1143
Damages 596
1149
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Common terms and phrases

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Էջ 839 - Every person negotiating an instrument by delivery or by a qualified indorsement, warrants — 1. That the instrument is genuine and in all respects what it purports to be; 2. That he has a good title to it; 3. That all prior" parties had capacity to contract; 4. That he has no knowledge of any fact which would impair the validity of the instrument or render it valueless.
Էջ 135 - But every one has a right to select and determine with whom he will contract, and cannot have another person thrust upon him without his consent. In the familiar phrase of Lord Denman, '• you have the right to the benefit you anticipate from the character, credit, and substance of the party with whom you contract.
Էջ 785 - A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder, unless and until it accepts or certifies the check.
Էջ 591 - In respect of any act or transaction of his in carrying on the business connected with such property...
Էջ 883 - But whenever the main purpose and object of the promisor is, not to answer for another, but to subserve some pecuniary or business purpose of his own, involving cither a benefit to himself or damage to the other contracting party, his promise is not within the statute, although it may be in form a promise to pay the debt of another, and although the performance of it may incidentally have the effect of extinguishing that liability.
Էջ 564 - Where a person signs a bill as drawer, indorser, or acceptor, and adds words to his signature, indicating that he signs for or on behalf of a principal, or in a representative character...
Էջ 851 - No action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Էջ 852 - ... except the buyer shall accept parv of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
Էջ 207 - A valuable consideration in the sense of the law may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.
Էջ 322 - P. 249, and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended by some positive rule of law; but can give no original cause of action, if the obligation, on which it is founded, never could have been enforced at law, though not barred by any legal maxim or statute provision.

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