The Law of Contracts, Հատոր 1Baker, Voorhis & Company, 1920 |
From inside the book
Արդյունքներ 100–ի 1-ից 5-ը:
Էջ xxii
... WRITING Some note or memorandum in writing of the contract or sale . Form of memorandum ... 567 568 Contents of memorandum - Parties ... 569 Contents of memorandum - Consideration .. 570 How far a statement of the consideration should ...
... WRITING Some note or memorandum in writing of the contract or sale . Form of memorandum ... 567 568 Contents of memorandum - Parties ... 569 Contents of memorandum - Consideration .. 570 How far a statement of the consideration should ...
Էջ 7
... writing is a formal con- tract . Such instruments are in vogue throughout the com- mercial world and the rules of ... writers in the common law , nevertheless describes certain obligations known to the common law from very early times ...
... writing is a formal con- tract . Such instruments are in vogue throughout the com- mercial world and the rules of ... writers in the common law , nevertheless describes certain obligations known to the common law from very early times ...
Էջ 10
... writing . Except so far as Statutes of Frauds 37 or other enactments 38 have changed the common law there is no difference except in matters of procedure and proof between oral and written contracts . Both are classed as parol contracts ...
... writing . Except so far as Statutes of Frauds 37 or other enactments 38 have changed the common law there is no difference except in matters of procedure and proof between oral and written contracts . Both are classed as parol contracts ...
Էջ 36
... writing of their agreement before it can be considered complete , there is no contract until the writing is signed . But between these two clear situations , ambiguous ones arise as to which there is a difference . On the one hand it ...
... writing of their agreement before it can be considered complete , there is no contract until the writing is signed . But between these two clear situations , ambiguous ones arise as to which there is a difference . On the one hand it ...
Էջ 37
... writing is to be prepared amounts to an expression of intention that until that is done the parties shall not be bound , it seems ex- treme . As has been pointed out previously , 30 the intention to make a legal obligation is not ...
... writing is to be prepared amounts to an expression of intention that until that is done the parties shall not be bound , it seems ex- treme . As has been pointed out previously , 30 the intention to make a legal obligation is not ...
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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.