The Digest of English Case Law Containing the Reported Decisions of the Superior Courts: And a Selection from Those of the Irish Courts [from 1557] to the End of 1897, 4. köide
Sweet and Maxwell, 1898
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9 Jur act of parliament action admitted afterwards agreed agreement alleged allowed amount applied appointed assignment Att.-Gen attorney Beav bill borough breach by-law cause charge charter claim clerk common seal consent consideration contract copy copyhold coroner corporation costs court court of equity covenant custom death debts declaration deed defendant defendant's devised directed entered entitled equity evidence executed executors freebench freehold granted heir Held illegal injunction jury land lease letter lord mandamus manor marriage master ment Municipal Corporations paid party payment performance personal estate personalty plaintiff promise proprietor published purchase purpose real estate recover refused registered remainderman rent restrain restraint of trade resulting trust sell sold solicitor specific performance Statute of Frauds sufficient suit surrender taxation tenant tion trade trial trust vendor verdict Vict void wife
Page 69 - 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 right 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.
Page 73 - An express promise, therefore, as it should seem, 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 right 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.
Page 123 - The test," says Judge Duncan in Swan v. Scott, 11 Serg. & R. 164, "whether a demand connected with an illegal transaction is capable of being enforced at law, is whether the plaintiff requires the aid of the illegal transaction to establish his case.
Page 83 - Now, an implied warranty, or, as it is called, a covenant in law, as distinguished from an express contract or express warranty, really is in all cases founded on the presumed intention of the parties, and upon reason. The implication which the law draws from what must obviously have been the intention of the parties, the law draws with the object of giving efficacy to the transaction and preventing such a failure of consideration as cannot have been within the contemplation of either side...
Page 123 - The general rule is that where you cannot sever the illegal from the legal part of a covenant, the contract is altogether void; but, where you can sever them, whether the illegality be created by statute or by the common law, you may reject the bad part and retain the good.
Page 113 - There seems no doubt that where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become unexpectedly burdensome or even impossible.
Page 59 - B. and the survivor of them, and the executors or administrators of such survivor...
Page 117 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.