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acceptance action agent agree agreement apply assignment assumpsit authority Bank Beav binding bound champerty common law condition consent consideration corporation Court of Chancery courts of equity covenant creditor debt debtor decision deed defendant doctrine duty effect enforce English law entitled evidence executed existence express fact fraud given ground held House of Lords illegal impossible infant instrument intention interest judgment kind L. J. Ch L. J. Ex law merchant liable Lord marriage married matter ment misrepresentation mistake modern nature negotiable instruments obligation particular partnership party payment plaintiff principle promise proposal purchaser purpose question reason recover remedy representation rescind rule seal seems shareholder shares statement statute Statute of Frauds sued supra thing third person tion tract transaction treated unlawful valid vendor Vict void voidable
Page 146 - ... 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 590 - ... or to charge any person upon any agreement made upon consideration of marriage ; or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them ; or upon any agreement that is not to be performed within the space of one year from the making thereof...
Page 48 - No action shall be brought whereby to charge any person upon any promise made after full age to pay any debt contracted during infancy, or upon any ratification made after full age of any promise or contract made during infancy, whether there shall or shall not be any new consideration for such promise or ratification after full age.
Page 353 - ... of the contract arrived some particular specified thing continued to exist, so that, when entering into the contract, they must have contemplated such continuing existence as the foundation of what was to be done...
Page 318 - 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 153 - 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.
Page 545 - Wherever two persons stand in such a relation that, while it continues, confidence is necessarily reposed by one, and the influence which naturally grows out of that confidence is possessed by the other, and this confidence is abused, or the influence is exerted to obtain an advantage at the expense of the confiding party, the person so availing himself of his position will not be permitted to retain the advantage, although the transaction could not have been impeached if no such confidential relation...
Page 687 - ... 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2.
Page 445 - ... but only to prevent the defendant from using the written document in a manner inconsistent with the real agreement, there was no difficulty raised by the Statute of Frauds, " which does not make any signed instrument a valid contract by reason of the signature, if it is not such according to the good faith and real intention of the parties.
Page 496 - ... not specifying the same shall be deemed fraudulent on the part of the promoters, directors, and officers of the company knowingly issuing the same, as regards any person taking shares in the company on the faith of such prospectus, unless he shall have had notice of such contract.