The Law of Contracts, Volume 1

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Page 4 - Implied, are such as reason and justice dictate, and which, therefore, the law presumes that every man undertakes to perform.
Page 19 - B. I am of the same opinion. It seems to me that the question turns entirely upon the...
Page 374 - ... which they may acquire during the marriage, either by donations made jointly to them both, or by purchase, or in any other similar way, even although the purchase be only in the name of one of the two and not of both, because in that case the period of time when the purchase is made is alone attended to, and not the, person who made the purchase.
Page 317 - After non-assumpsit pleaded, and a verdict for the plaintiff, it was moved in arrest of judgment that the plaintiff could not bring his action, for he was a stranger to the consideration.
Page 469 - The first count of the declaration, upon which alone the question arises, stated that, in consideration that the plaintiff, at the request of the defendant, had bought of the defendant a horse for the sum of 30, the defendant promised that it was sound and free from vice.
Page 112 - The name being written by another hand, in the presence of the grantor, and at her request, is her act The disposing capacity, the act of mind, which are the essential and efficient ingredients of the deed, are hers, and she merely uses the hand of another, through incapacity or weakness, instead of her own, to do the physical act of making a written sign.
Page 53 - If an individual ratifies an act done on his behalf, the nature of the act remains unchanged, it is still a mere trespass, and the party injured has his option to sue either. If the Crown ratifies an act, the character of the act becomes altered, for the ratification does not give the party injured the double option of bringing his action against the agent who committed the trespass or the principal who ratified it, but a remedy against the Crown only (such as it is), and actually exempts from all...
Page 60 - ... orders, the purchaser could only have recourse to the person who actually sold the horse, and the owner would not be liable on the warranty, because the servant was not acting within the scope of his employment...
Page 389 - And it is further agreed on, that no officer uor seaman belonging to the said ship shall demand or be entitled to his wages, or any part thereof, until the arrival of the said ship at the above-mentioned port of discharge and her cargo delivered.
Page 255 - ... under circumstances which ought to have excited the suspicion of a prudent and careful man.

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