Other editions - View all
acceptance affirmed agency agent agreed agreement alleged appear appellant assumpsit authority Blackacre Blackstone breach chattel claim common law Company consideration contract conveyance court courts of equity damages debt decision declaration deed defendant defendant's delivered demurrer detinue doctrine entitled equity error estates in land evidence executed executory fact fee simple feoffee feoffment feudal fraud freehold gift grant heirs held horse injury intention interest issue judge judgment jury land lease liable lord matter necessary negligence offer opinion original owner ownership P's rights party payment performance personal property plaintiff plaintiff in error plea pleadings possession principal promise to pay purchase question ratified reason recover refusal regard rendered replevin Reports rule against perpetuities rule of law seised seisin sell sold statement statute Statute of Frauds sues sues D suit Suppose tenant tion transaction transfer trespass trial trover verdict vested words writ
Page 172 - 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 184 - ... 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 140 - 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 298 - 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 230 - 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 291 - ... 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 377 - 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 175 - 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.