 | Virginia. Supreme Court of Appeals, William Munford - 1812 - 692 Seiten
...be doubted: had the plaintiff brought his bill to be relieved from his contract, and could the Court place the parties in the same situation in which they were before the contract took place, the mistake appears to be of sufficient magnitude to jusufy such a measure:... | |
 | Frederick Thomas White, Owen Davies Tudor - 1876 - 708 Seiten
...[In Rhodes \. Rhodes, it was said to be settled, " that the payment of the consideration will not, in general, be deemed such a part performance as to relieve...the reason for this, viz., that in such a case the re-pa j'ment of the consideration will place the parties in the same situation in which they were before,... | |
 | John Norton Pomeroy - 1879 - 682 Seiten
...reasons for the decision are seen in the following extract : " Payment of the consideration will not, in general, be deemed such a part performance as to relieve...they were before, shows that the rule applies to a moneyed consideration only. If the consideration for the contract be labor and services, those may... | |
 | 1907 - 2094 Seiten
...contract to sell or convey real estate as a suit in equity for specific performance, because it will not place the parties in the same situation in which they were before the agreement was made, and it is not as prompt, complete, and efficient. Castle Creek Water Co. v.... | |
 | 1924 - 1208 Seiten
...insist that the agreement ie void." The payment of a consideration In money, of itself, "will not in general be deemed such a part performance as to relieve...parol contract from the operation of the statute," because the repayment of the money will ordinarily place the parties in their previous position. Rhodes... | |
 | 1893 - 1164 Seiten
...reasons for the decision are seen in the following extract: 'Payment of the consideration will not, in general, be deemed such a part performance as to relieve...statute. But the reason for this, viz. that in such case the repayment of the consideration will place the parties in the same situation in which they... | |
 | 1893 - 1172 Seiten
...reasons for the decision are seen in the following extract: 'Payment of the consideration will not, in general, be deemed such a part performance as to relieve a parol coetract from the operation of the statute. But the reason for this, viz. that in such case the repayment... | |
 | 1895 - 1044 Seiten
...enforcement in equity." " It seems to be settled that the payment of the consideration will not in general be deemed such a part performance as to relieve...they were before shows that the rule applies to a moneyed consideration. If the consideration for the contract he labor and services, those may sometimes... | |
 | 1895 - 1036 Seiten
...of enforcement in equity." "It seems to be settled that the payment of the consideration will not in general be deemed such a part performance as to relieve...they were before shows that the rule applies to a moneyed consideration. If the consideration for the contract be labor and services, those may sometimes... | |
 | New York (State). Supreme Court. Appellate Division - 1919 - 1124 Seiten
...firmly established, upon the ground that actions at law for the breaches of these contracts do not place the parties in the same situation in which they were before the agreements were made, and for that reason do not afford adequate relief. Contracts to arbitrate... | |
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Payment of the consideration will not, in general, be deemed such a part performance as to relieve a parol contract from the operation of the statute. But the reason for this, viz., that in such a case the repayment of the consideration will place the... 
