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accord and satisfaction action affirmed agent agreement amount application appointed authority Bench breach Canada charge charter-party claim client commission condition contract costs Court of Appeal covenant creditors Criminal damages debt debtor decision defendant Divisional Court domicile Dominion effect entitled equity evidence fact favour Full Court given ground held High Court House of Lords interest judge judgment judicial jurisdiction jury Justice L.JJ L.T. Rep land lawyer lease liable lien Lord Lord Alverstone Lord Halsbury Lord Loreburn Lords Macnaghten Manitoba marriage matter ment mortgage Ne Temere notice Ontario opinion owner paid Parliament party payment person plaintiff principle prisoner Privy Council Province purchaser question Railway reason recover referred refused rule sell shew solicitor specific performance statute Statute of Frauds stipulation Supreme Court testator tion Toronto trial trustees vendor VICT
Page 305 - Where the seller delivers to the buyer a quantity of goods larger than he contracted to sell, the buyer may accept the goods included in the contract and reject the rest, or he may reject the whole.
Page 419 - That I suffer not myself to be prepossessed with any judgment at all, till the whole business, and both parties be heard.
Page 72 - Every person who, with a view to compel any other person to abstain from doing or to do any act which such other person has a legal right to do or abstain from doing, wrongfully and without legal authority — 1.
Page 353 - Any condition precedent, the performance or occurrence of which is intended to be contested, shall be distinctly specified in his pleading by the plaintiff or defendant (as the case may be) ; and, subject thereto, an averment of the performance or occurrence of all conditions precedent necessary for the case of the plaintiff or defendant shall be implied in his pleading.
Page 665 - ... —Provided that the Court may, notwithstanding that they are of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if they consider that no substantial miscarriage of justice has actually occurred.
Page 251 - That every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 338 - ... appointment in writing to receive the same. He must, unless otherwise directed by law, deposit it with the county treasurer to be held by him subject to the order of the court.
Page 254 - ... he has personally or by his advocate asked questions of the witnesses for the prosecution with a view to establish his own good character, or has given evidence of his good character, or the nature or conduct of the defence is such as to involve imputations on the character of the prosecutor or the witnesses for the prosecution...