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Selwyn's Abridgement of the Law of Nisi Prius, Volym 1
Obegränsad förhandsgranskning - 1859
Selwyn's Abridgement of the Law of Nisi Prius, Volym 2
Obegränsad förhandsgranskning - 1859
13 Vict accepted act of bankruptcy action afterwards agreed agreement amount appear apply assignees attorney bank bankrupt benefit bill Bingh brought cause certificate claim commission committed common Company condition consideration contract costs court creditor damages debt debtor deed defendant delivered demand direct discharge East effect entitled evidence Exch execution fact filing give given ground held interest issue Jones judge judgment jury land liable London Lord maintain marriage matter months necessary notice obtained officer owner paid party passed payment performance person petition plaintiff plea pleaded possession proceedings promise proved purchaser question Railway reason received recover Reports respect rule signed Smith sold statute sued sufficient suit taken Taunt tender trader unless Vict void whole wife
Sida 197 - ... 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...
Sida 463 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself...
Sida 463 - Now if the special circumstances under which the contract was actually made were communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Sida 197 - 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...
Sida 156 - Contractor, Executor, or Administrator shall lose the Benefit of the said Enactments or either of them, so as to be chargeable in respect or by reason only of any written Acknowledgment or Promise made and signed by any other or others of them : Provided always, that nothing herein contained shall alter or take away or lessen the Effect of any Payment of any Principal or Interest made by any Person whatsoever...
Sida 550 - 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.
Sida 553 - His lordship then proceeded to say that the dependence or independence of covenants was to be collected from the evident sense and meaning of the parties, and that however transposed they might be in the deed, their precedency must depend on the order of time in which the intent of the transaction requires their performance.
Sida 163 - ... beyond the seas, that then such person or persons shall be at liberty to bring the same actions, so as they take the same •within such times as are before limited, after their coming to or being of full age, discovert, of sane memory, at large, and returned from beyond the seas, as other persons having no such impediment should have done (6).
Sida 156 - Acts or this Act, as to One or more of such Joint Contractors, or Executors or Administrators, shall nevertheless be entitled to recover against any other or others of the Defendants, by virtue of a new Acknowledgment or Promise, or otherwise, Judgment may be given and Costs allowed for the Plaintiff as to such Defendant or Defendants against whom he shall recover, and for the other Defendant or Defendants against the Plaintiff.
Sida 183 - Viet., c. 53, which respectively enact, that " no attorney or solicitor, nor any executor, administrator, or assignee of any attorney or solicitor, shall commence or maintain any action or suit for the recovery of any fees, charges, or disbursements for any business done by such attorney or solicitor...