 | Great Britain. Court of Chancery - Bankruptcy - 1873 - 1206 pages
...Society. To the question so raised the Statute of Frauds (which is a weapon of defence, not offence, and which does not make any signed instrument a valid...the good faith and real intention of the parties) is wholly irrelevant. Mr. Freeling, on the other head, argued (citing Clifford v. Turrell (1), before... | |
 | Frederick Pollock - Contracts - 1878 - 734 pages
...paper beyond question binding and of full effect " (/(). So in the late case of Jewis v. Berriilye (I) it was held that a document purporting to be a written...is or is not the result of a mistake is immaterial " (r). Heal ex- "We shall see however that the heads now to be discussed Presen* *wo <^assos °t re^ly... | |
 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1879 - 1026 pages
...Society. To the question so raised the Statute of" Frauds (which is a weapon of defense, not offense, and which does not make any signed instrument a valid...the good faith and real intention of the parties) is wholly irrelevant. Mr. Creeling, on the other head, argued (citing Clifford v. Ttirrell ('), before... | |
 | Law - 1879 - 582 pages
...Berridge, LR, 8 Ch. App. 360, that " the Statute of Frauds is a weapon of defense, not offense, and does not make any signed instrument a valid contract by reason of the signature, if it is not euch according to the good faith and real intention of the parties," affirmed. House of Lords, May... | |
 | Law - 1902 - 290 pages
...necessarily follow that a binding agreement has been arrived at. The* Statute of Frauds " does not make a signed instrument a valid contract by reason of the...the good faith and real intention of the parties." Jervis v. ferriage, L. 11. 8 Gh., at p. 360. And where a Court has to find a contract in a correspondence,... | |
 | Sir Edward Fry - Contracts - 1884 - 868 pages
...case of Jervis v. Berridge,(j0) that the Statute of Frauds 'is a weapon of defense, not offense,' and 'does not make any signed instrument a valid contract...the good faith and real intention of the parties.' " § 5O3. The same principle was affirmed by the House of Lords in the case of Caton v. Caton,(<?)... | |
 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1884 - 940 pages
...stated in Jervis v. Berridge, that " the Statute of Frauds is a weapon of defence, not offence, and does not make any signed instrument a valid contract...the good faith and real intention of the parties." affirmed. Hius&ey v. Horn-Payne. 210, 221 note. See PLEADINGS, 31. FREIGHT. See RAIL-WATS, 182. FUNDS.... | |
 | Frederick Pollock - Contracts - 1885 - 844 pages
...inDruiJ'y. Lord D. 620. 1'arkcr, a Eq. 131, 137. («) Pym v. Campbell, 6 E. & B. (.-) 8 Ch. 351, 359, 360. purchase of lands " was . . . not a contract valid...is or is not the result of a mistake is immaterial" (a). We shall see however that the heads now to be discussed Real expreseut two classes of really exceptional... | |
 | Aubrey St. John Clerke, Hugh McNab Humphry - Conveyancing - 1885 - 646 pages
...see Dovies v. Otly, 35 Beav. 208. " The Statute of Frauds is a weapon of defence, not offence, and does not make any signed instrument a valid contract...the good faith and real intention of the parties": per Lord Selborne, LC, Jen-is v. Berridge, LE 8 Ch. 351, 360. This observation was accepted and approved... | |
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... 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... 
