The Law of Contracts, Հատոր 1Baker, Voorhis & Company, 1920 |
From inside the book
Արդյունքներ 100–ի 1-ից 5-ը:
Էջ 4
... defendant has received . This is true wherever the plaintiff has a right to rescind a transaction because of the defendant's wrong , whether fraud , duress or breach of contract ; and Co. v . Gaffney , 65 Ohio St. 104 , 61 N. E. 152 ...
... defendant has received . This is true wherever the plaintiff has a right to rescind a transaction because of the defendant's wrong , whether fraud , duress or breach of contract ; and Co. v . Gaffney , 65 Ohio St. 104 , 61 N. E. 152 ...
Էջ 8
... defendant in these cases was a trustee , since under the early law the seisin of property personal as well as real , carried with it the idea of ownership.26 Therefore the action of account was in its essence an action to enforce a ...
... defendant in these cases was a trustee , since under the early law the seisin of property personal as well as real , carried with it the idea of ownership.26 Therefore the action of account was in its essence an action to enforce a ...
Էջ 10
... defendant himself would also create a debt if furnished to a third person at the request of the defendant ; provided , however , that the person to whom the benefit was given , himself was under no obligation to pay for it ; for it ...
... defendant himself would also create a debt if furnished to a third person at the request of the defendant ; provided , however , that the person to whom the benefit was given , himself was under no obligation to pay for it ; for it ...
Էջ 23
... defendant had the benefit of an instruction to the effect that if the offer of reward for the cap- ture or arrest of the slayer of Stanley Ketchel was made by defendant [ the offeror ] while laboring under strong excitement and without ...
... defendant had the benefit of an instruction to the effect that if the offer of reward for the cap- ture or arrest of the slayer of Stanley Ketchel was made by defendant [ the offeror ] while laboring under strong excitement and without ...
Էջ 24
... defendant . This went to the limit in defendant's favor and perhaps stated the law too broadly , as we doubt about the unexpressed intention of a person offering a reward not to be bound by it being a defence against one who hon- estly ...
... defendant . This went to the limit in defendant's favor and perhaps stated the law too broadly , as we doubt about the unexpressed intention of a person offering a reward not to be bound by it being a defence against one who hon- estly ...
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Այլ խմբագրություններ - View all
Common terms and phrases
acceptance acceptor action agent agreement assent assumpsit Bank bargain benefit bilateral contract binding bound buyer claim common law Conn court of equity covenant creditor Davis debt decisions deed defendant detriment discharge effect enforced equity executor express fact forbearance infant infra intention Iowa joint debtor Jones Kans liability Lumber Mass ment Minn mutual N. J. Eq N. Y. App N. Y. Misc N. Y. Supp negotiable instrument obligation obligor offer offeree offeror parol evidence rule party payment performance plaintiff principal promise to pay promisor reason received regard requested rule seal seems seller sideration Smith statute Statute of Frauds sufficient consideration supra surety third person tion tract trust undisclosed principal unilateral valid consideration voidable Western Union
Սիրված հատվածներ
Էջ 841 - 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 137 - 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 787 - 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 593 - In respect of any act or transaction of his in carrying on the business connected with such property...
Էջ 885 - 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 566 - 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 853 - 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 854 - ... 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 209 - 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 324 - 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.