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acceptance affirmed agency agent agreed agreement alleged appear appellant assumpsit authority binding Blackacre breach claim common law Company consideration contract conveyance court court of equity covenant damages debt decided decision declaration deduced deed defendant defendant's delivered demurrer detinue doctrine enforcible entitled equity estates in land estoppel evidence executed executory fact false fee simple feoffment fraud give given heirs held horse infant injury intention interest issue judge judgment jurisdiction jury land liable Lord matter negligence obligation offer opinion owner P's rights paid party payment performance personal property plaintiff plaintiff in error plea pleadings possession principal promise to pay purchase question ratified reason received recover refusal regard remainder rendered Reports rule against perpetuities rule of law says seisin sell sold statement statute Statute of Frauds sued sues sufficient suit Suppose tenant transaction trespass trial trover verdict words writ
Page 196 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 212 - ... which he knows to be mischievous if it gets on his neighbour's, should be obliged to make good the damage which ensues if he does not succeed in confining it to his own property. But for his act in bringing it there no mischief could have accrued, and it seems but just that he should at his peril keep it there so that no mischief may accrue, or answer for the natural and anticipated consequences. And upon authority, this we think is established to be the law whether the things so brought be beasts,...
Page 162 - Malice in common acceptation means ill-will against a person, but in its legal sense it means a wrongful act, done intentionally, without just cause or excuse. If I give a perfect stranger a blow likely to produce death, I do it of malice, because I do it intentionally and without just cause or excuse.
Page 340 - No contract for the sale of any goods, wares, or merchandise, for thirty dollars or more, shall be valid, unless the purchaser accepts and receives part of the goods, or gives something in earnest to bind the bargain, or in part payment thereof, or some note or memorandum thereof is made and signed by the party to be charged thereby, or his agent.
Page 268 - Equitable estoppel is the effect of the voluntary conduct of a party whereby he is absolutely precluded, both at law and in equity, from asserting rights which might, perhaps, have otherwise existed, either of property, of contract, or of remedy...
Page 333 - ... 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; 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...
Page 421 - Where the commodity is sent in such a way and to such a place as to exhibit an apparent purpose of sale, the principal will be bound and the purchaser safe.
Page 203 - This subject was fully considered by this Court in the case of Bridge v. The Grand Junction Railway Company, 3 M. & W. 246, where, as appears to me, the correct rule is laid down concerning negligence, namely, that the negligence which is to preclude a plaintiff from recovering in an action of this nature, must be such as that he could, by ordinary care, have avoided the consequences of the defendant's negligence.