 | Law - 1843 - 520 pages
...remarkable that he should afterwards, in 3 Taunt. 244, have advanced the doctrine as a general one. If then any part of a contract is valid, it will avail...the sound part can be separated from the unsound. As to the possibility of such separation, however, there is no difference between contracts against... | |
 | Herbert Broom - Legal maxims - 1852 - 616 pages
...Westminster, though void as to the residue.3 It seems, then, upon the whole, a true proposition, that if any part of a contract is valid, it will avail pro tanto, although another part of it may be prohibited by statute, provided the statute does not expressly or... | |
 | Simon Greenleaf - Law reports, digests, etc - 1856 - 576 pages
...TM in No. 20, Oct., 1833, Amer. Jurist, p. 243. It is there affirmed as the true principle — "If any part of a contract is valid, it will avail pro tanto, though another part may be prohibited by statute ; provided the statute does not expressly, or by necessary implication,... | |
 | Herbert Broom - Legal maxims - 1874 - 880 pages
...whole, a true proposition, that, if any part of a contract is valid, it will avail pro tantv, although another part of it may be prohibited by statute, provided...the sound part can be separated from the unsound. Where, however, a particular proceeding, though not in itself illegal, is inseparably connected with... | |
 | Theron Metcalf - Contracts - 1874 - 404 pages
...the statute of frauds, the whole was void. But it is now si'ttled, that if any part of an agreement is valid it will avail pro tanto, though another part of it may be prohibited by statute, provided the sound part can be separated from the unsound, and be enforced without injustice to the promisor; as... | |
 | Joseph Chitty, Henry Greening - Forms (Law) - 1876 - 1174 pages
...modem adjudications, the true doctrine is this : if any part of an agreement M valid, it will avail /TO tanto, though another part of it may be prohibited by statute ; provided the statute does not, either expresslv or by necessary implication, render the whole void ; and provided, furthermore, that... | |
 | Judah Philip Benjamin - Sales - 1877 - 984 pages
...Alstine v. Wimple, 5 Cowen, 162 ; Crawford v. Morrell, 8 John. 253. But " if any part of an agreement is valid, it will avail pro tanto, though another...prohibited by statute ; provided the statute does not, cither expressly or by necessary implication, render the whole void ; and provided, furthermore, that... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1878 - 674 pages
...according to numerous modern adjudications, the true doctrine is this: If any part of .an agreement is valid it will avail pro tanto, though another part...prohibited by statute; provided the statute does not, either expressly or by necessary implication, render the whole void ; and provided, furthermore, that... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1879 - 886 pages
...according to numerous modern adjudications, the true doctrine is this : If any part of an agreement is valid it will avail pro tanto, though another part...prohibited by statute, provided the statute does not, either expressly or by necessary implication, render the whole void ; and provided, furthermore, that... | |
 | Judah Philip Benjamin - Les Salles-sur-Verdon (France) - 1881 - 1076 pages
...Alstine v. Wimple, 5 Cowen, 162 ; Crawford 11. Morrell, 8 John. 253. But " if any part of an agreement is valid, it will avail pro tanto, though another...of it may be prohibited by statute,; provided the statnte does not either expressly, or by necessary implication, render the whole void ; and provided,... | |
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If any part of an agreement is valid, it will avail pro tanto, though another part of it may be prohibited by statute; provided the statute does not, either expressly or by necessary implication, render the whole void; and provided, furthermore, that... 
