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A Treatise on the Specific Performance of Contracts
Edward Fry,William Donaldson Rawlins,William M. Scott
No preview available - 2018
acceptance action for specific agent agreed agreement alleged ance ascertained assignment Barb Beav bill binding breach circumstances claim common law compel compensation condition consideration considered convey conveyance court of chancery court of equity covenant damages decree deed defendant doctrine Eastern Counties Railway entered entitled execution fact formance grant ground held House of Lords Infra injunction intended interest J. J. Marsh Jones jurisdiction land lease lessee liquidated damages Lord Cottenham Lord Cranworth Lord Eldon Lord Romilly ment misrepresentation mistake N. J. Eq notice objection paid Paige parol parol evidence party payment plaintiff possession principle purchase money question Railway reference relief remedy rent rescind rule Smith sold specific performance specifically enforced Statute of Frauds stipulation Story's Eq subsequent sufficient suit supra tenant tion tract trustee vendee vendor void
Page 549 - A mandamus or an injunction may be granted or a receiver appointed by an interlocutory Order of the Court in all cases in which it shall appear to the Court to be just or convenient that such Order should be made...
Page 692 - ... all such remedies whatsoever as any of the parties thereto may appear to be entitled to in respect of any and every legal or equitable claim properly brought forward by them respectively in such cause or matter; so that, as far as possible, all matters so in controversy between the said parties respectively may be completely and finally determined, and all multiplicity of legal proceedings concerning any of such matters avoided.
Page 111 - ... that where such an agreement is made, it is competent to show that one or both of the contracting parties were agents for other persons, and acted as such agents in making the contract, so as to give the benefit of the contract on the one hand to, and charge with liability on the other, the unnamed principals; and this, whether the agreement be or be not required to be in writing by the statute of frauds; and this evidence in no way contradicts the written agreement.
Page 308 - Any contract which, if made between private persons, would be by law required to be in writing and...
Page 341 - Every prospectus of a company and every notice inviting persons to subscribe for shares in any joint stock company, shall specify the dates and the names of the parties to any contract entered into by the company or the promoters, directors, or trustees thereof before the issue of such prospectus or notice, whether subject to adoption by the directors...
Page 168 - Under a contract to grant or assign a term of years, whether derived or to be derived out of a freehold or leasehold estate, the intended lessee or assign shall not be entitled to call for the title to the freehold.
Page 375 - No doubt but this court has jurisdiction to relieve in respect of a plain mistake in contracts in writing as well as against frauds in contracts; so that if reduced into writing contrary to the intent of the parties, on proper proof, that would be rectified.
Page 382 - Private right of ownership is a matter of fact ; it may be the result also of matter of law, but if parties contract under a mutual mistake and misapprehension as to their relative and respective rights, the result is that the agreement is liable to be set aside as having proceeded upon a common mistake.
Page 636 - To me it seems manifestly unjust and inequitable thus to appropriate to one man the property and money of another, who is in no default. The argument, I am aware, is that the moment the house is built it belongs to the owner of the land by mere operation of law ; and that he may certainly possess and enjoy his own. But this is merely stating the technical rule of law, by which the true owner seeks to hold what, in a just sense, he never had the slightest title to, that is, the house.