A Selection of Cases on the Law of ContractsSamuel Williston |
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Common terms and phrases
acceptance action agreed agreement alleged amount appears applied assignment assumpsit averred bill binding bound breach Brown Bros cause of action champerty charter-party chose in action claim condition precedent consideration contract court of equity covenant creditor damages debt debtor decision declaration deed defendant defendant's delivered delivery demurrer discharge enforce entered entitled error evidence executed fact fendant fraud give held intention judge judgment jury land letter liable Lord Mass ment notice obligation offer opinion paid parties payable payment performance person plain plaintiff plaintiff in error plea pleaded promise to pay purchase question reason received recover refused regard Reported request rule seal sell ship statute statute of frauds Statute of Limitations stipulation suit supra SUPREME COURT tender testator thereof tiff tion tract trial verdict void YORK SUPREME COURT
Popular passages
Page 588 - Where there is a contract to sell goods to be delivered by stated instalments, which are to be separately paid for, and the seller makes defective deliveries in respect of one or more...
Page 568 - ... when the party by his own contract creates a duty or charge upon himself he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 510 - If a day be appointed for payment of money or part of it, or for doing any other act, and the day is to happen or may happen before the thing which is the consideration of the money or other act is to be performed, an action may be brought for the money, or for not doing such other act before performance ; for it appears that the party relied upon his remedy, and did not intend " to make the performance a condition precedent...
Page 588 - ... on the terms of the contract and the circumstances of the case, whether the breach of contract is...
Page 563 - ... an implied condition that the parties shall be excused in case, before breach, performance becomes impossible from the perishing of the thing without default of the contractor.
Page 889 - ... country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
Page 835 - Champerty is a species of maintenance and punished in the- same manner ; being a bargain with a plaintiff or defendant, campum partire, to divide the land or other matter sued for between them, if they prevail at law : whereupon the champertor is to carry on the party's suit at his own expense.
Page 662 - The promisee, if he pleases, may treat the notice of intention as inoperative, and await the time when the contract is to be executed, and then hold the other party responsible for all the consequences of non-performance ; but in that case he keeps the contract alive for the benefit of the other party as well as his own.
Page 429 - ... 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 351 - Any person who is liable to the plaintiff for the payment of the debt secured by the mortgage may be made a defendant in the action and if he has appeared or has been personally served with the summons, the final judgment may award payment by him...