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acceptance accord and satisfaction affirmed agreed agreement alleged amount appears appellee applied assent assignment assignor assumpsit authority averred benefit bilateral contract binding bond bound breach cause of action certificate charter-party chose in action claim common law condition contract court of equity covenant creditor damages debt debtor declaration deed defendant defendant's delivered delivery demurrer discharge doctrine enforced entitled equity evidence executed executors fact fendant fraud grantee ground held intended judgment jury letter liability Lord Mass ment mortgage mutual notice obligation offer opinion are omitted paid parties payment performance plaintiff plaintiff in error plea pleaded principle promise to pay promisor promissory note purchase question reason received recover refused regard request rule seal sell statute Statute of Frauds sufficient consideration supra Supreme Court tender testator third person tiff tion tract trial valid verdict
Page 300 - 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 796 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 543 - Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt, or other legal chose In action, of which express notice in writing shall have been given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action...
Page 713 - Specific- goods" means goods identified and agreed upon at the time a contract of sale is made. "Warranty" as regards England and Ireland means an agreement with reference to goods which are the subject of a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to reject the goods and treat the contract as repudiated.
Page 630 - Any person who is liable to the plaintiff for the payment of the debt secured by the mortgage may be made a defendant in the action and if he has appeared or has been personally served with the summons, the final judgment may award payment by him...
Page 468 - I believe if one were to take all the cases, and they are many, of implied warranties or covenants in law, it will be found that in all of them the law is raising an implication from the presumed intention of the parties with the object of giving to the transaction such efficacy as both parties must have intended that at all events it should have.
Page 593 - that where one person makes a promise to another for the benefit of a third person, that third person may maintain an action upon it.
Page 33 - In addition, we have held that a deed absolute on its face may be shown by parol to be a mortgage, which is nothing more than a condition for the payment of money (Holladay v.
Page 819 - There is also a third sort of covenants, which are mutual conditions to be performed at the same time ; and in these, if one party was ready and offered to perform his part, and the other neglected or refused to perform his, he who was ready and offered has fulfilled his engagement, and may maintain an action for the default of the other though it is not certain that either is obliged to do the first act.
Page 818 - In the absence of express or implied agreement of the parties, acceptance of the goods by the buyer shall not discharge the seller from liability in damages or other legal remedy for breach of any promise or warranty in the contract to sell or the sale. But, if, after acceptance of the goods, the buyer...