A Treatise Upon Some of the General Principles of the Law: Whether of a Legal, Or of an Equitable Nature, Including Their Relations and Application to Actions and Defenses in General, Whether in Courts of Common Law, Or Courts of Equity; and Equally Adapted to Courts Governed by Codes, Volume 5W. Gould & Son, 1878 - Actions and defenses |
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Other editions - View all
A Treatise Upon Some of the General Principles of the Law: Whether of a ... William Wait No preview available - 2015 |
Common terms and phrases
action adverse possession agreement Allen appointed authority Bank Barb binding bond Brown child claim Clark co-surety common law Commonwealth Conn consent contract corporation court of equity creditor damages Davis debt debtor decree deed defendant Denio disaffirmed discharge dissolution duty entitled execution firm fraud guardian held infant injury interest Iowa Johnson Jones judgment jurisdiction land liable lien maintain Mass Metc Miller Miss Monr mortgage N. J. Eq Ohio St owner paid Paige partition partner partnership party payment penalty Penn Pick plaintiff pledge pledgor possession principal proceedings promise purchaser quo warranto R. R. Co railroad railway company real estate receiver recognizance recover remedy replevin road scire facias Sick Smith statute subrogated suit surety tenants in common Tenn third person tion unless usurious voidable Wend Wilson writ
Popular passages
Page 565 - Thirdly, where a known described and defined article is ordered of a manufacturer, although it is stated to be required by the purchaser for a particular purpose, still if the known, described, and defined thing be actually supplied, there is no warranty that it shall answer the particular purpose intended by the buyer.
Page 589 - 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...
Page 616 - Such notice may be given either to the person in actual possession of the goods or to his principal. In the latter case the notice, to be effectual, must be given at such time and under such circumstances that the principal, by the exercise of reasonable diligence, may communicate it to his servant or agent in time to prevent a delivery to the buyer.
Page 632 - Where a party desires to rescind upon the ground of mistake or fraud he must, upon the discovery of the facts, at once announce his purpose, and adhere to It. If he be silent, and continue to treat the property as his own. he will be held to have waived the objection, and will be conclusively bound by the contract, as If the mistake or fraud had not occurred. He Is not permitted to play fast and loose. Delay and vacillation are fatal to the right which had before subsisted.
Page 635 - 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 does 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.
Page 105 - A contract of two or more competent persons, to place their money, effects, labor and skill, or some or all of them, in lawful commerce or business, and to divide the profit and bear the loss in certain proportions.
Page 589 - ... the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Page 590 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Page 712 - Produce boats, fishing boats, rafts, or other water craft navigating by hand power or by the current of the river, or anchored or moored in or near the channel or fairway and not in any port, and not otherwise provided for in these rules, shall sound a fog horn, or equivalent signal at intervals of not more than one minute.
Page 231 - It is not sufficient that he may sustain no injury by a change in the contract, or that it may even be for his benefit. He has a right to stand upon the very terms of his contract; and if he does not assent to any variation of it, and a variation is made, it is fatal.