A Treatise of the Law of Damages: Embracing an Elemantary Exposition of the Law, and Also Its Application to Particular Subjects of Contract and Tort, Band 2


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Seite 1312 - In all cases in which the Court of Chancery has jurisdiction to entertain an application for an injunction against a breach of any covenant, contract, or agreement, or against the commission or continuance of any wrongful act, or for the specific performance of any covenant, contract or agreement, it...
Seite 1412 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Seite 1551 - ... 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.
Seite 1582 - There seems no doubt that where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become unexpectedly burdensome or even impossible.
Seite 1582 - ... where, from the nature of the contract, it appears that the parties must from the beginning have known that it could not be fulfilled unless when the time for the fulfilment of the contract arrived some particular specified thing continued to exist, so that, when entering into the contract, they must have contemplated such continuing existence as the foundation of what was to be done...
Seite 1206 - ... (3) Where by this Act interest may be recovered as damages, such interest may, if justice require it, be withheld wholly or in part, and where a bill is expressed to be payable with interest at a given rate, interest as damages may or may not be given at the same rate as interest proper. 58. Transferor by delivery and transferee. (1) Where the holder of a bill payable to bearer negotiates it by delivery without indorsing it he is called a "transferor by delivery.
Seite 1648 - Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is not to be extended, by implication, beyond the terms of his contract.
Seite 1535 - His client must trust to him, at times, for fortune and character and life : the law trusts him with a privilege, in respect of liberty of speech, which is in practice bounded only by his own sense of duty ; and he may have to speak upon subjects concerning the deepest interests of social life, and the innermost feelings of the human soul.
Seite 1545 - It is a wellsettled rule of law, that if a party by his contract charge himself with an obligation possible to be performed, he must make it good, unless its performance is rendered impossible by the act of God, the law, or the other party. Unforeseen difficulties, however great, will not excuse him.
Seite 1206 - ... interest thereon from the time of presentment for payment if the bill is payable on demand, and from the maturity of the bill in any other case: (c) the expenses of noting, or, when protest is necessary, and the protest has been extended, the expenses of protest.

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