The Law of Contracts, Volume 1

Front Cover
Baker, Voorhis & Company, 1920 - Contracts
 

Selected pages

Contents

ers and agreements in which the promisee is given an option
73
aliscellaneous indefinite promises
79
Expiration of time stated in the offer
84
Revocation of general offer 59
99
Whether refusal of tendered performance prevents unilateral contract
105
Effect of delay in the delivery of the offer
112
The use of the mail or telegraph must have been authorized in order that
114
Acceptance must be unequivocal
127
Qualified or conditional acceptances are counteroffers and reject the origina
134
Acceptance in contracts by correspondence may be completed by mailing
141
Acceptance of a document implies assent to its terms
157
Qualification of principles of the preceding section
163
Silent inaction with intent to accept
171
When mistake will prevent the formation of a contract
178
Place of contract
184
An insufficient bilateral agreement may sometimes by performance on one side
188
Forbearance or promise of forbearance as consideration 135
189
Written as well as oral promises need consideration 107
224
Consideration distinguished from motive 111
230
Adequacy of consideration 115
240
Recital of consideration in unsealed written agreements 115b
251
Payment or promise of payment of a debt is not valid consideration 120
257
Promise of payment or payment of part of a debt by one joint debtor as con
263
Composition agreements with several creditors are supported by sufficient
269
Performance or promise to perform any obligation previously existing under
275
Unsoundness of arguments sustaining such agreements 130a
281
Analogous but distinguishable cases 131b
287
Consideration void in part 134
293
Construction of agreements to forbear 136
300
Estoppel as a substitute for consideration 139
307
Mutuality 140
315
Promises in consideration of an act previously done at the request of the prom
323
A previous moral obligation is generally held an insufficient consideration
329
Promises to rectify mistakes or previous illegal transactions 150
335
Promise by a discharged bankrupt 158
343
A new promise or acknowledgment is sufficient whether made before or after
349
Acknowledgments qualified by refusal or statement of inability to pay 168
355
Illustrations of insufficient acknowledgment 172
361
Partial payment must be voluntary 175
366
When a conditional new promise needs acceptance 180
372
Promises without consideration not to plead the Statute of Limitations 184
378
To whom a new promise must be made 189
384
New promise or part payment by a partner 192
390
New promise or part payment made by a surety 195
396
A new promise based on a previous agreement within the Statute of Frauds 199
402
Waiver 203
408
Acceptance of a sealed instrument containing promises by the acceptor does
411
Adoption of a seal 208
416
How far intent to deliver must be accompanied with actual delivery 211
423
Requirements in regard to the obligee of a sealed instrument 215
427
Recognizances 220
433
Who is an infant 224
439
Transactions which cannot be avoided by an infant 228
446
Whether the privilege may be exercised against a subsequent purchaser
452
Restoration of consideration 238
459
Liability for necessaries 240
466
Money advanced for the purchase of necessaries 243
472
False representations of age 245
478
Actions by and against infants 248
484
Lunatics transactions void 250
488
Lunatics contracts valid in some cases 254
494
During guardianship lunatics bargains are void 257
501
CHAPTER X
509
Agency of wife for husband 270
517
Convicts spendthrifts aged persons 272
523
In some states authority for certain acts is required to be in writing 276
529
Apparent authority and estoppel 277
530
When an agents authority is irrevocable 280
537
Rights and liabilities of the principal where the agency is undisclosed 286
546
Rights and liabilities of the principal where the agency is disclosed but
552
Receipt by delivery to a carrier
556
Defences to actions against an undisclosed principal 292
559
When simple contracts binding the principal may be implied 297
565
What signatures to negotiable instruments bind the principal 299
573
ཝ not to sue or a qualified release of a joint or a joint and several
644
new promise or part payment by a joint or joint and several debtor
668
Nature of contracts for the benefit of a third person 347
675
Novations
681
Contract to discharge a debt of the promisee 30
687
Law of other states 763
694
Receipt of property as consideration for a promise to make a pay ment 370
702
Contracts for the sole benefit of inhabitants of a community 173
708
What amounts to an assumption of a mortgage
718
Mortgagor should be party to the suit 38
724
Assumption of liabilities of outgoing partner 388
730
Creditors right to sue both debtor and new promisor 393
736
Distinction between sole beneficiary cases and others often not observed 396b
742
Person incidentally benefited 402
748
Exceptions to the nonassignability of choses in action 406
754
Assignment of bilateral contracts 412
762
Assignment of future rights 414
769
Assignability of right to subscribe to stock 416
775
Personal responsibility in bilateral contracts as preventing assignment 419
783
Express permission of assignment 423
791
Whether an unconditional order or bill of exchange may ever be an assign
800
Orders on a drawee to pay when he has collected 427
801
Formalities requisite for assignment 430
807
Rights of the assignee against the debtor 432
813
Notice to the debtor as affecting the assignees right against him 433
820
Notice to the debtor as affecting the mutual rights of successive assignees 435
826
Whether the assignee is subject to equities of third persons 438
833
Gifts of intangible choses in action 440
840
Right of the debtor to settle with his creditor in spite of partial assignments 444
849
Whether the assignees right is legal or equitable 447
856
No promise to perform an obligation imposed by law on the promisor
861
Purpose and history of statute of frauds 448
862
No promise is within the statute unless there is another obligation 454
873
To whom the promise must be made 460
881
Whether a promise prior to the creation of a debt is primary or collateral
888
New promise in form to pay the debt of another 468
896
Whether the receipt of a new and beneficial consideration by a promisor
902
Importance of distinguishing whether the consideration for a new promise
909
From whom the consideration must move 476
916
Promise to pay for the purchase of a claim is not within the statute 480
922
Promises to indemnify 482
928
Guaranties withdrawn from the statute by their connection with a larger
934
What is a contract for sale or purchase 488
941
What is an interest in land 491
948
Part performance of agreements for the sale of land 494
959
Agreements not to be performed within a year 495
966
Promises to support for a term of years 496
972
Promises to marry and promises falling within other clauses of the statute 501
982
Contracts performable or performed within a year on one side but not
988
A contract to sell or a sale 507
994
Agreements of compromise 513
1000
Buildings 520
1006
Agreements to execute a written memorandum of an oral contract 524a
1012
Language of American statutes 526
1015
Illustrations of the effect of unenforceable contracts as against the original
1021
Divisible contracts 531
1028
Restoration or recovery in specie of what has been given or received 535
1036
CHAPTER XIX
1046
Acceptance by dealing with the goods as owner 544
1052
Acceptance under a mistake 550
1058
Receipt of goods in the hands of buyer 557
1066
Part of the goods 561
1072
Time of payment 566
1079
Nonperformance of provisions of a written memorandum caused by a party
1080
Contents of memorandumConsideration 570
1085
Contents of the memorandum Consideration if not necessary may be
1093
Contents of memorandumOther terms of the contract 575
1104
Intent to make a memorandum is not requisite 579
1114
Separate documentsIncorporation by reference 581
1121
Separate documentsIncorporation by necessary inference 582
1128
Or his agent in that behalf 587
1136
Written contracts may be varied by subsequent oral agreement 591
1143
Damages 596
1149
Copyright

Other editions - View all

The Law of Contracts, Volume 1
Samuel Williston
Full view - 1920
The Law of Contracts, Volume 1
Theophilus Parsons
Full view - 1893
The Law of Contracts, Volume 1
Samuel Williston
Full view - 1927
View all »

Common terms and phrases

acceptance acceptor action agent agreement assent assumpsit Bank bargain benefit bilateral contract binding bound buyer claim common law Conn court of equity covenant creditor Davis debt decisions deed defendant detriment discharge effect enforced equity executor express fact forbearance infant infra intention Iowa joint debtor Jones Kans liability Lumber Mass ment Minn mutual N. J. Eq N. Y. App N. Y. Misc N. Y. Supp negotiable instrument obligation obligor offer offeree offeror parol evidence rule party payment performance plaintiff principal promise to pay promisor reason received regard requested rule seal seems seller sideration Smith statute Statute of Frauds sufficient consideration supra surety third person tion tract trust undisclosed principal unilateral valid consideration voidable Western Union

Popular passages

Page 841 - Every person negotiating an instrument by delivery or by a qualified indorsement, warrants — 1. That the instrument is genuine and in all respects what it purports to be; 2. That he has a good title to it; 3. That all prior" parties had capacity to contract; 4. That he has no knowledge of any fact which would impair the validity of the instrument or render it valueless.
Appears in 394 books from 1792-2007
Page 137 - But every one has a right to select and determine with whom he will contract, and cannot have another person thrust upon him without his consent. In the familiar phrase of Lord Denman, '• you have the right to the benefit you anticipate from the character, credit, and substance of the party with whom you contract.
Appears in 156 books from 1870-1999
Page 787 - A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder, unless and until it accepts or certifies the check.
Appears in 358 books from 1832-2005
Page 593 - In respect of any act or transaction of his in carrying on the business connected with such property...
Appears in 188 books from 1852-2000
Page 885 - But whenever the main purpose and object of the promisor is, not to answer for another, but to subserve some pecuniary or business purpose of his own, involving cither a benefit to himself or damage to the other contracting party, his promise is not within the statute, although it may be in form a promise to pay the debt of another, and although the performance of it may incidentally have the effect of extinguishing that liability.
Appears in 101 books from 1852-2004
Page 566 - Where a person signs a bill as drawer, indorser, or acceptor, and adds words to his signature, indicating that he signs for or on behalf of a principal, or in a representative character...
Appears in 265 books from 1879-2005
Page 853 - 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...
Appears in 504 books from 1805-2007
Page 854 - ... except the buyer shall accept parv of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
Appears in 207 books from 1805-2004
Page 209 - A valuable consideration in the sense of the law may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.
Appears in 443 books from 1852-2008
Page 324 - P. 249, and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended by some positive rule of law; but can give no original cause of action, if the obligation, on which it is founded, never could have been enforced at law, though not barred by any legal maxim or statute provision.
Appears in 99 books from 1826-2007

Bibliographic information

TitleThe Law of Contracts, Volume 1
20th-century legal treatises
The Law of Contracts, Samuel Williston
AuthorSamuel Williston
PublisherBaker, Voorhis & Company, 1920
  
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