An Introduction to the Law Relative to Trials at Nisi Prius

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A. Strahan and W. Woodfall, 1790 - Actions and defenses - 336 pages
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Page 279 - ... 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 by him lawfully authorized.
Page 50 - That, after earnest given, the vendor cannot sell the goods to another without a default in the vendee; and therefore, if the vendee does not come and pay and take the goods, the vendor ought to go and request him ; and then, if he does not come and pay, and take away the goods in convenient time, the agreement is dissolved, and he is at liberty to sell them to any other person.
Page 314 - And if there be two or more plaintiffs or defendants, and one or more of them shall die, if the cause of action shall survive to the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants, the writ or action shall not be thereby abated; but such death being suggested upon the record, the action shall proceed...
Page 34 - Prius, he is stated to have holden that the tenant who had erected a barn upon the premises, and put it upon pattens and blocks of timber lying upon the ground, but not fixed in or to the ground, might by the custom of the country take them away at the end of his term.
Page 280 - If two come to a shop, and one buys, and the other, to gain him credit, promises the seller, if he does not pay you, I will; this is a collateral undertaking, and void without writing, by the Statute of Frauds : but if he says, Let him have the goods, I will be your paymaster...
Page 283 - Secondly, fix of the receipts were in the hands of Sir Stephen Evans, and there was a reference on the back of them by Jeremy Thomas (Sir Stephen's bookkeeper) to the book BB of Sir Stephen Evans. Thirdly, Jeremy Thomas was proved...
Page 231 - ... upon the face of such recovery that there was a tenant to the writ; and if the persons joining in such recovery had a sufficient estate and power to suffer the same, notwithstanding the deed or deeds for making the tenant to such writ should be lost or not appear.
Page 57 - I apprehend that it is not, for the landlord is not tenant in fee, fee tail, or for life, of such a rent ; and it is the executors of such tenants only who are mentioned in the act. However, in trespass, where it appeared that the defendant had distrained the plaintiff's goods for rent due to his testator upon a lease for years...
Page 257 - It is therefore declared, ordained, and enacted, that all and every feoffment, gift, grant, alienation, bargain, and conveyance of lands, tenements, hereditaments, goods, and chattels, or of any of them, or of any lease, rent, common, or other profit or charge out of the same lands, tenements, hereditaments, goods, and chattels, or any of them, by writing or otherwise, and all and every bond, suit, judgment, and execution...
Page 313 - ... and this he is ready to verify; wherefore he prays judgment if the plaintiff ought further to maintain his action.

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