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acceptance action actual agent agree agreement amount appears apply assignment authority become benefit bill binding bound common law condition consideration considered contract corporation Court covenant creditor dealing debt decided decision deed defendant distinction doctrine doubt duty effect enforce English equity evidence exception executed existence express extent fact fraud give given ground held important infant intention interest judgment kind land liable limited Lord marriage married matter means ment mistake nature necessary notice object obligation opinion original particular party performance person plaintiff position practice present principal promise proposal purchaser question reason recover referred relation rule seems separate shares statement statute sued taken thing tion transaction treated true trustees unlawful valid void voidable
Page 353 - If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted. It is upon that ground the court goes ; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
Page 181 - A valuable consideration in the sense of the law may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered or undertaken by the other.
Page 477 - ... but only to prevent the defendant from using the written document in a manner inconsistent with the real agreement, there was no difficulty raised by the Statute of Frauds, "which does not make any signed instrument a valid contract by reason of the signature, if it is not such according to the good faith and real intention of the parties.
Page 62 - All contracts, whether by specialty or by simple contract, henceforth entered into by infants for the repayment of money lent or to be lent, or for goods supplied or to be supplied (other than contracts for necessaries ) , and all accounts stated with infants, shall be absolutely void...
Page 296 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because, if there is one thing which more than another public policy requires, it is that men of full age and compeMcKay v.
Page 73 - Therefore it is clearly agreed by all the books that speak of this matter that an infant may bind himself to pay for his necessary meat, drink, apparel, physic, and such other , necessaries, and likewise for his good teaching and Instruction, whereby he may profit himself afterwards.
Page 698 - ... 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2. The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; 3.
Page 351 - We quite agree, that, where a contract is to do a thing which cannot be performed without a violation of the law it is void, whether the parties knew the law or not. But we think, that in order to avoid a contract which can be legally performed', on the ground that there was an intention to perform it in an illegal manner, it is necessary to show that there was the wicked intention to break the law; and, if this be so, the knowledge of what the law is becomes of great importance.
Page 656 - But a little reflection will show that in all cases of contracts entered into between parties at a distance by correspondence, it is impossible that both should have a knowledge of it the moment it becomes complete. This can only exist where both parties are present. The position may be illustrated by the case before us.