Principles of the Law of Contracts: As Applied by Courts of LawHurd and Houghton, 1874 - 357 páginas |
Outras edições - Ver todos
Principles of the Law of Contracts: As Applied by Courts of Law Theron Metcalf Visualização completa - 1878 |
Principles of the Law of Contracts as Applied by Courts of Law Theron Metcalf Visualização completa - 1888 |
Principles of the Law of Contracts as Applied by Courts of Law Theron Metcalf Visualização completa - 1883 |
Termos e frases comuns
15 Mass 4th Amer Adm'r agent agreement alleged Allen assent assignment assumpsit authority Bank bill bind Bing bond bound Campb Chit cited coming of age common law Conn consideration court court of chancery covenant creditor Cush debt decided decisions declaration deed defendant disaffirm doctrine duress Eliz England Ex'rs executed executor express promise feme sole feoffment firm forbearance given grant Gray Greenl ground Hamp held illegal implied infant Johns judgment land lease liable Lord Lord Eldon Lord Ellenborough Lord Mansfield maintain an action marriage Massachusetts Mees Moore necessary obligation partner partnership party payment Pick plaintiff principle promise to pay promisor promissory note ratification recover request rule seal seaman Serg simple contracts Smith statute statute of frauds sued surety Taunt testator thereof third person tion unlawful valid Verm void voidable voyage Welsb Wend wife
Passagens mais conhecidas
Página 146 - June no action shall be brought whereby to charge any executor or administrator upon any special promise, to answer damages out of his own estate...
Página 234 - We do not see how a better test can be applied to the question whether reasonable or not than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.
Página 255 - ... no tradesman, artificer, workman, laborer, or other person whatsoever, shall do or exercise any worldly labor, business or work of their ordinary callings upon the Lord's day, or' any part thereof (works of necessity and charity only excepted...
Página 319 - The sober People of America are weary of the fluctuating policy which has directed the public councils. They have seen with regret and with indignation, that sudden changes, and legislative interferences, in cases affecting personal rights, become jobs in the hands of enterprising and influential speculators, and snares to the more industrious and less informed part of the community.
Página 94 - No subject ought, in any case, or in any time, to be declared guilty of treason or felony by the legislature.
Página 302 - The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory, as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost, or duty therefor.
Página 323 - Regulations of this description have always been considered, in every civilized community, as properly belonging to the remedy, to be exercised or not by every sovereignty, according to its own views of policy and humanity.
Página 178 - 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 by 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 not barred by any legal maxim or statute provision.
Página 107 - a factor, dealing for a principal, but concealing that principal, delivers goods in his own name, the person contracting with him has a right to consider him to all intents and purposes as the principal ; and, though the real principal may appear and bring an action upon that contract against the purchaser of the goods, yet that purchaser may set off any claim he may have against the factor in answer to the demand of the principal. This has been long settled.
Página 320 - And therefore marriage, being much more than a contract, and depending essentially on the sovereign will, is not embraced by the constitutional interdiction of legislative acts impairing the obligation of contracts. The obligation is created by the public law, subject to the public will, and not to that of the parties.