A General Abridgement of Law and Equity: Alphabetically Digested Under Proper Titles; with Notes and References to the Whole, Band 5G.G.J. and J. Robinson, 1792 |
Andere Ausgaben - Alle anzeigen
Häufige Begriffe und Wortgruppen
action adjudg'd adjudged affife affigned affurance againſt agreement alfo allocatur annuity Anon baron and feme becauſe bond bound breach cafe caufe cites 21 cites S. C. common common law condition confideration confirmation confpiracy conftable contra conufance court covenant Curiam debt decreed deed defendant pleaded demurrer devife difcharged difcontinuance dition eftate Eliz eſtate executors faid fame fatisfaction fave fays feems feifed feme feoffee feoffment feoffor fhall fhew fhould Fitzh fome franchife ftatute ftranger fuch a day fufficient fuit grant heirs held Hill himſelf Holt Ch Ibid iffue indictment infeoff judgment juftices king land leafe leffee leffor Litt lord marriage obligation obligee obligor otherwife Pafch party payment perfon performed plaintiff plea poffeffion prefent promife provifo quære quod reafon refolved refufed releafe rent reverfion S. C. cited ſhall tenant thereof tion trefpafs Trin void wife writ
Beliebte Passagen
Seite 80 - in consideration of such a thing," after the day is past the other shall have an action for the money or other thing, although the thing for which the promise, agreement, or covenant was made be not performed; for it would be repugnant there to make it a condition precedent, and therefore they are in that case left to mutual remedies on which, by the express words of the agreement, they have depended.
Seite 224 - If a man covenant to build a house before such a day, and afterwards the plague is there before the day, and continues there till after the day, this shall excuse him from the breach of the covenant for not doing thereof before the day, for the law will not compel him to venture his life for it, but he may do it after.
Seite 508 - N. repaired the house, and, finding it to take a much greater sum than the £20, told W. of it, and that he would nevertheless, go on, and lay out more money, if he would enlarge the term to twenty-one years, or add fourteen, or as many as N. should think fit. W. replied that they would not fall out about that, and afterwards declared that he would enlarge the term, without mentioning any term in certain.
Seite 514 - that, if a man (being in company) makes offers of a bargain, and then writes them down and signs them, and another person then takes them up and prefers his bill, there will be a sufficient agreement ;" the authority of which dictum is questioned in Dart on Vendors, 100.
Seite 508 - ... mentioning any term in certain. The question was, -whether this new agreement, made by parol, which varied from the written agreement, should be carried into execution, notwithstanding the Statute of Frauds ? The Master of the Rolls said, that, before the statute, written agreements could not be controlled by a parol agreement, contrary to it, or altering it ; but this is a new agreement, and the laying out the money is a performance on one part, and ought to be carried into execution; and built...
Seite 432 - CJF said, it was a great contempt, and that, had he been there, he would have fined him, and committed him till he paid the fine; but being otherwise, he was bailed.
Seite 80 - First, if there be a day set for the payment of money, or doing the thing which one promises, agrees, or covenants to do, for another thing, and that day happens to Incur before the time the thing for which the promise, agreement or covenant is made, is to be performed by the tenor of the agreement; there, though the words be 'that the party shall pay the money...
Seite 544 - The writ of contribution lieth where there are tenants in common, or who jointly hold a mill pro indiviso, and take the profits equally, *and the mill falleth into decay, and one of them will not repair the mill; now, the other shall have a writ to compel him to be contributory to the reparations.
Seite 493 - that every contract made for or about any matter or thing which is prohibited and made unlawful by any statute is a void contract, though the statute itself doth not mention that it shall be so, but only inflicts a penalty on the offender, because a penalty implies a prohibition, though there are no prohibitory words in the statute...
Seite 230 - ... 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.