The Law of Contracts, Հատոր 1Baker, Voorhis & Company, 1920 |
From inside the book
Արդյունքներ 100–ի 1-ից 5-ը:
Էջ 2
... tion of the meaning of such a covenant became substantially that which would be entertained to - day . At the present time even though a contract under seal be in the form of an acknowledgment of an existing indebtedness , it is clear ...
... tion of the meaning of such a covenant became substantially that which would be entertained to - day . At the present time even though a contract under seal be in the form of an acknowledgment of an existing indebtedness , it is clear ...
Էջ 3
... tion of law that arises from the facts 6 and circumstances , independent of agreement or presumed intention . Pracht v . Daniels , 20 Colo . 100 , 36 Pac . 845. In this class of cases , the notion of a contract is purely fictitious ...
... tion of law that arises from the facts 6 and circumstances , independent of agreement or presumed intention . Pracht v . Daniels , 20 Colo . 100 , 36 Pac . 845. In this class of cases , the notion of a contract is purely fictitious ...
Էջ 10
... tion of statutes making written agree- ments carry with them a presumption that they were based on sufficient con- sideration . 39 " All contracts are by the laws of England distinguished into agree- . ments by specialty , and ...
... tion of statutes making written agree- ments carry with them a presumption that they were based on sufficient con- sideration . 39 " All contracts are by the laws of England distinguished into agree- . ments by specialty , and ...
Էջ 26
... tion from the promisor to the promisee , or at least some action which will normally indicate to the promisee the intent of the promisor . " It is trite learning that the thought of man is not triable , for the devil himself knows not ...
... tion from the promisor to the promisee , or at least some action which will normally indicate to the promisee the intent of the promisor . " It is trite learning that the thought of man is not triable , for the devil himself knows not ...
Էջ 33
... tion of an offer to sell the goods to the inquirer at that price , in Fairmont Glass Works v . Crunden - Martin Co. , 106 Ky . 659 , 51 S. W. 196 , and in Cros- sett v . Carleton , 23 N. Y. App . Div . 366 , 48 N. Y. Supp . 309 . 22 ...
... tion of an offer to sell the goods to the inquirer at that price , in Fairmont Glass Works v . Crunden - Martin Co. , 106 Ky . 659 , 51 S. W. 196 , and in Cros- sett v . Carleton , 23 N. Y. App . Div . 366 , 48 N. Y. Supp . 309 . 22 ...
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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.