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accept accord and satisfaction according aforesaid agreed agreement alleged amount appears arbitration assumpsit authority averred award bill bond bound breach brought cargo cause of action champerty charter-party cited claim common law condition precedent consideration contract conveyance court covenant creditors damages debt debtor decision declaration deed defendant defendant's delivered delivery demurrer discharge effect enforce entered entitled evidence executed fact fendant ground held illegal intention judge judgment jury land lease liability Lord Lord Campbell Mass ment non-performance notice obligation opinion paid parties payment performance person plaintiff plaintiff in error plea pleaded present principle promise public policy purchase Queen's Bench Division question Railroad reason receive recover referred refused release Reported restraint restraint of trade rule satisfaction seller ship statute stipulation suit tender thereof thing tiff tion tons tract trade transaction trial verdict vessel void wager William Bayley
Page 497 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
Page 77 - ... in the absence of any express or implied warranty that the thing shall exist, the contract is not to be construed as a positive contract, but as subject to an implied condition that the parties shall be excused in case, before breach, performance becomes impossible from the perishing of the thing without default of the contractor.
Page 394 - Viet. c. 109, s. 18, it is enacted, that all contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void ; and that no suit shall be brought or maintained in any court of law or equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the hands of any person to abide the event on which any wager shall have been made...
Page 270 - The promisee, if he pleases, may treat the notice of intention as inoperative, and await the time when the contract is to be executed, and then hold the other party responsible for all the consequences of non-performance ; but in that case he keeps the contract alive for the benefit of the other party as well as his own.
Page 4 - If a day be appointed for payment of money or part of it, or for doing any other act, and the day is to happen or may happen before the thing which is the consideration of the money or other act is to be performed, an action may be brought for the money, or for not doing such other act before performance ; for it appears that the party relied upon his remedy, and did not intend " to make the performance a condition precedent...
Page 114 - When no such independent circumstances are referred to, and the engagement is to furnish goods of a certain quality or character to a certain amount, the quantity specified is material, and governs the contract. The addition of the qualifying words 'about,
Page 497 - ... <The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy is this; ex dolo malo non oritur actio.
Page 215 - Court erred in charging that the measure of damages was the difference between the contract price and the market price at...
Page 373 - ... of the party in favor of whom it is given, and not so large as to interfere with the interests of the public. Whatever restraint is larger than the necessary protection of the party, can be of no benefit to either. It can only be oppressive, and if oppressive, it is, in the eye of the law unreasonable.