A Treatise on the Law of Contracts, Volume 1J. Cockcroft, 1881 - Contracts |
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Other editions - View all
Common terms and phrases
accepted act of parliament action agent agreed agreement amount assignment authority Bank Barb Beav behalf bill of exchange bind Bing bond bound Campb champerty charge chose in action common law common seal Conn consideration corporation court covenant coverture creditor debt debtor deed defendant discharge enforced entered Exch executed executor firm Greenl held husband illegal implied indorsement infant intended Iowa Johns joint Jones latter lease lessee lessor lex loci contractus liability Mass ment Metc Moore necessary oral evidence paid parish partner partnership party payment performance personally liable Pick plaintiff principal promise to pay promissory note purchaser received recover responsible seal signed simple contract Smith statute of frauds sued Taunt thereof tion tract trade trustees unless vendor Vict void Wend wife words writing
Popular passages
Page 315 - ... or upon any contract or sale of lands, tenements, or hereditaments, 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, or some other person thereunto by him lawfully authorized.
Page 196 - Any contract which if made between private persons would be by law required to be in writing, and...
Page 724 - upon all debts or sums certain payable at a certain time or otherwise, the jury on the trial of any issue, or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor at a rate not exceeding the current rate of interest, from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time...
Page 695 - That no creditor proving his debt or claim shall be allowed to maintain any suit at law or in equity therefor against the bankrupt, but shall be deemed to have waived all right of action and suit against the bankrupt, and all proceedings already commenced or unsatisfied judgments already- obtained thereon, shall be deemed to be discharged and surrendered thereby...
Page 165 - The advance of money by way of loan to a person engaged or about to engage in any business on a contract with that person that the lender shall receive a rate of interest varying with the profits...
Page 725 - ... 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.
Page 306 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 441 - ... no suit shall be brought or maintained in any court of law or equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the hands of any person to abide the event on which any wager shall have been made...
Page 334 - ... as by the known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of the same words; or unless the context evidently points out that they must, in the particular instance and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.
Page 707 - ... or makes any payment, pledge, assignment, transfer, or conveyance of any part of his property,, either directly or indirectly, absolutely or conditionally, the person receiving such payment, pledge, assignment, transfer, or conveyance, or to be benefited thereby, or by such attachment...