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acceptance acceptor action afterwards agreed agreement amount appear assignment assumpsit averred bankrupt bankruptcy bill of exchange bond breach brought Camp cause charged cited commission common condition consequently consideration considered contract count court covenant creditor damages debt declaration deed defendant delivered demand demurrer discharge drawer drawn East effect entitled evidence execution executor express give given ground hands held holden husband indorsement interest issue judgment Kenyon land lease liable London Lord maintain manner marriage ment necessary notice objected observed officer opinion paid party payable payment performance person plaintiff plea pleaded possession preceding present promise prove question reason received recover refused rent respect rule Smith sold stat statute sufficient taken term thing tion trade trespass verdict void wife writ
Página 170 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Página 521 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the Defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Página 114 - 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.
Página 270 - ... in the same manner as if the action had been brought by and in the name of the deceased.
Página 315 - And all bills, drafts, or orders for the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen...
Página 246 - ... if he shall have paid the debt, or any part thereof, in discharge of the whole debt...
Página 386 - ... and also every such note payable to any person or persons, his, her, or their order, shall be assignable or indorsable over in the same manner as inland bills of exchange are or may be, according to the custom of merchants...
Página 561 - Nota, every contract made for or about any matter or thing which is prohibited and made unlawful by any statute, is a void contract, though the statute itself doth not mention that it shall be so but only inflicts a penalty on the offender; because a penalty implies a prohibition though there are no prohibitory words in the statute
Página 249 - ... petition to the Lord Chancellor, Lord Keeper or Lords Commissioners of the Great Seal...
Página 170 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...