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A Practical Treatise on the Law Relating to the Specific Performance of ...
Edmund Chisholm Batten
No preview available - 2015
action agreed agreement annuity apply arbitration assignment Beav benefit bill for specific bind bound breach champerty chose in action circumstances claim Company compel considered contract Court of Equity Court of Law covenant creditor damages decided decision decree a specific deed defendant directed doctrine Duke effect enforce entered entitled execution favour filed a bill fraud give ground held husband injunction intention interest jurisdiction land landlord lease lessee Lord Chancellor Lord Cottenham Lord Eldon Lord Hardwicke Lord Langdale Lord Macclesfield Lord Thurlow Lordship marriage ment mortgage objection parol evidence party payment personal estate plaintiff principle purchaser question real estate refused relief remedy restrain rule says sell settle settlement Shadwell shew Sir Edward Sugden Sir John Leach Sir William Grant specific performance statute suit tenant Thomas Plumer tion transaction trustees valuable consideration vendor Vice Chancellor voluntary wife
Page 181 - That every contract made for or about any matter or thing which is prohibited and made unlawful by any statute is a void contract, though the statute itself doth not mention that it shall be so, but only inflicts a penalty on the offender, because a penalty implies a prohibition, though there are no prohibitory words in the statute...
Page 74 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
Page 74 - June no contract for the sale of any goods, wares and merchandizes, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part of payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
Page 244 - Courts of equity decree the specific performance of contracts, not upon any distinction between realty and personalty, but because damages at law may not in the particular case afford a complete remedy. Thus, a court of equity decrees performance of a contract for land, not because of the real nature of the land, but because damages at law, which must be calculated upon the general money value of land, may not be a complete remedy to the purchaser, to whom the land may have a peculiar and special...
Page 30 - First, that the extraordinary protection given in the general case must be withdrawn if it shall appear that the transaction was known to the father or other person standing in loco parentis, — the person, for example, from whom the spes successionis waa entertained, or after whom the reversionary interest was to become vested in possession...
Page 84 - A representation made by one party for the purpose of influencing the conduct of the other party, and acted upon by him, will in general be sufficient to entitle him to the assistance of this Court for the purpose of realizing such representation.
Page 331 - As to the mere effect of the accident itself no solid objection can be founded upon that simply ; for if the party by the contract has become in equity the owner of the premises, they are his to all intents and purposes. They are vendible as his, chargeable as his, capable of being encumbered as his, they may be devised as his ; they may be assets ; and they would descend to his heir.
Page 354 - In equity, an order given by a debtor to his creditor upon a third person, having funds of the debtor to pay the creditor out of such funds, is a binding equitable assignment of so much of the fund.
Page 226 - There is no doubt, that property may be given to a man, until he shall become bankrupt. It is equally clear, generally speaking, that if property is given to a man for his life, the donor cannot take away the incidents to a life estate; and, as I have observed, a disposition to a man, until he shall become bankrupt...
Page 227 - ... to be regarded as a consideration with reference to all the provisions of the settlement, though undoubtedly an annuity might have been provided by the settlement for the wife in all events, yet it is not competent to a party, giving a consideration for a contract, that is a direct fraud upon the bankrupt laws, to have the benefit of it.