 | Sir William Searle Holdsworth - Law - 1926 - 546 pages
...a person ought to pay." They maintained that " an express promise can only revive a precedent good consideration, which might have been enforced at law...of an implied promise, had it not been suspended by a positive rule of law, but can give no original right of action, if the obligation on which it is... | |
 | Law reports, digests, etc - 1887 - 1030 pages
...Watson, 1 Sneed. 376. A subsequent agreement to pay will revive a precedent good consideration, but it can give no original right of action, if the obligation on which it is founded never could have been enforced at law. 1 Add. Contr. §§ 6, 13. A mere moral consideration is not a good... | |
 | California. Supreme Court - Law reports, digests, etc - 1906 - 730 pages
...promise or resolution of the Common Council. " An express promise can only revive a precedent good consideration, which might have been enforced at law,...action, if the obligation on which it is founded never could have been enforced at law, though not barred by any legal maxim or statute provision. (Smith... | |
 | William P. LaPiana - Law - 1994 - 265 pages
...without some strain, that every case involved the revival by an express promise of "a precedent good consideration, which might have been enforced at law...not been suspended by some positive rule of law," such as the statute of limitations or the lack of capacity attendant on infancy. 24 This explanation... | |
 | 890 pages
...arrived at seems to be correct in general, " that an express promise can only revive a precedent good consideration, which might have been enforced at law...some positive rule of law ; but can give no original cause of action, if the obligation, on which it is founded, never could have been enforced at law,... | |
 | Courtney Stanhope Kenny - Contracts - 1922 - 544 pages
...sufficient moral consideration to support the promise. An express promise can only revive a precedent good consideration, which might have been enforced at law...some positive rule of law; but can give no original cause of action, if the obligation on which it is founded never could have been enforced at law, though... | |
 | Law - 1999 - 1046 pages
...merits of the party procured by that suit.' And in Bret v. 3. S. and his "Wife, Cro. Eliz. 756, where enforced at law through the medium of an implied promise,...some positive rule of law ; but can give no original the first husband of the wife sent his son to table -with the plaintiff for three years at £8 per... | |
 | Isaac Grant Thompson - Law reports, digests, etc - 1883 - 966 pages
...on Sunday, constituted a precedent good consideration, which might have been enforced at lawthrough the medium of an implied promise, had it not been suspended by some positive rule of law, and therefore the express promise, to wit, the mortgage, revived the precedent good consideration.... | |
 | Wright G.. Durley - Law - 1939 - 488 pages
...be enforced at law through the medium of an implied promise."3 Later, they say "an express promise can... give no original right of action if the obligation on which it is founded 1 3 Bos. & P. 247 (CP). 1 Ibid- at 249. 1 Ibid- at 251. never could have been enforced at law".1 This... | |
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P. 249), and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended... 
