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American Cases on Contract: Arranged in Accordance With the Analysis of ...
Ernest W. Huffcut
No preview available - 2015
acceptance action affirmed agent agreed agreement alleged amount answer appears appellant appellee application assent assumpsit authority bill binding bound charge cited claim common law contract court courts of equity covenant creditor damages debt debtor decision declaration deed defendant defendant's delivered delivery demurrer discharge doctrine dollars effect enforced equity evidence executed express fact given ground Harper's Ferry held illegal implied instrument intended interest judge judgment jury justice land law merchant letter liability marriage Mass Massachusetts memorandum ment mortgage non est factum nonsuit obligation offer opinion paid pari delicto parol parties payment performance person plaintiff plaintiff in error principle promise to pay promisor promissory note purchase question reason received recover refused regarded request reversed rule says seal sell signed sold statute of frauds stipulated sufficient consideration testator ticket tiff tion trial valid verdict void writing
Page 342 - ... absolutely null and void, unless they are freely made and executed in the presence of at least two attesting witnesses, after the allowance of such a claim, the ascertainment of the amount due, and the issuing of a warrant for the payment thereof.
Page 125 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith or some other person thereunto...
Page 697 - A contract is a compact between two or more parties, and is either executory or executed. An executory contract is one in which a party binds himself to do, or not to do, a particular thing; such was the law under which the conveyance was made by the government.
Page 605 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 367 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.
Page 635 - Appeal from order of the General Term of the Supreme Court in the third judicial department...
Page 82 - ... for a rule to show cause why a new trial should not be granted...
Page 334 - It is not easy to define with precision what will in all cases constitute an insurable interest, so as to take the contract out of the class of wager policies. It may be stated generally, however, to be such an interest, arising from the relations of the party obtaining the insurance, either as creditor of or surety for the assured, or from the ties of blood or marriage to him, as will justify a reasonable expectation of advantage or benefit from the continuance of his life.