A Treatise of the Law Relative to Contracts and Agreements Not Under Seal: With Cases and Decisions Thereon in the Action of Assumpsit. In Four Parts, Volume 1

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A. Strahan, 1807 - Contracts

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Page 48 - or upon any contract or fale of lands, tenements or hereditaments, or any intereft in or concerning them; or upon any agreement that is not to be performed within the fpace of one year from the making thereof •, unlefs the agreement upon which
Page 310 - a creditor of the concern. The queftion for the opinion of the court was, whether the plaintiffs were entitled to recover ? If they were, then the verdict was to (land ; otherwife, a verdict was to be entered for
Page 127 - for money, I may keep him until I am paid, but I cannot have an action of debt until he be delivered; yet the property of the horfe is by the bargain in the bargainer or buyer. But if he do prefently tender me my money, and I do refufe it, he may take the horfe, or have an
Page 435 - and in the ufual and ordinary courfe of trade and dealing received by fuch perfon of any fuch bankrupt, before fuch time as the perfon receiving the fame (hall know, understand, or have notice, that he is become a bankrupt, or that he is in
Page 533 - capacity ;" upon which the Lord Chief Baron Skynner, delivered the opinion of the Judges to this effect.— It is undoubtedly true that every man is by the law of nature bound to fulfil his engagements. It is equally true that the law of this country
Page 100 - of a delivery: Where goods are ponderous, and incapable as here of being handed over from one to another, there need not be an aftual delivery ; but it may be done by that which is tantamount,
Page 112 - is to reduce contracts to a certainty, in order to avoid perjury on the one hand, and fraud on the other, and therefore, both in this court and the courts of Common Law, where an agreement has been reduced to fuch a certainty, and the
Page 44 - action no eflbin, protection, wager of law, or more than one " imparlance (hall be allowed; and it (hall be fufficient therein " for the plaintiff to alledge that the defendant is indebted to the " plaintiff, or has received to
Page 496 - to pay, though the plaintiff had no title, or perhaps an equitable title only, the action lay. Under the ftatute a landlord, who has rent owing to him, is allowed to recover, not the rent, but an equivalent for the rent, a reafonable
Page 436 - appear that there has been mutual credit given by the ^bankrupt and any other perfon, or mutual debts between the bankrupt and any Other perfon, one debt

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