 Where the agreement is to be performed upon a contingent, and it does not appear within the agreement that it is to be performed after the year, then a note in writing is not necessary, for the contingent might happen within the year; but where it appears...  Law of Real Estate Brokers: With Forms ... - Page 34by Fred Louis Gross - 1910 - 473 pagesFull view - About this book
 | Isaac 'Espinasse - Actions and defenses - 1794 - 918 pages
...within the year, and " fo the agreement be performed within that time : but *' where it appears from the whole tenor of the agreement, " that it is to be performed after the year \ there an agree*' ment in writing is required under the itatute." As where by parol the defendapt's... | |
 | Massachusetts, William Charles White - Law - 1811 - 214 pages
...happen within the year, and so the agreement be performed within that time : But where it appears, from the whole tenor of the agreement, that it is to be performed after the year ; there a note in writing is required under the statute. Fentoh v Embien, "^s where, by parol,... | |
 | Great Britain. Court of King's Bench, James Burrow - Law reports, digests, etc - 1812 - 648 pages
...the year, there a note in writing is NOT neces" sary : for the .contingent MIGHT happen within the " year; but where it appears by the whole tenor of the " agreement, that it is to be performed after the year, " there a note is necessary-; otherwise, NO ." + Mr. J. Fos- t Mr. Justice WILMOT concurred;... | |
 | William Selwyn - Nisi prius - 1812 - 732 pages
...writing is not necessary; for the contingency might happen within the year; but where it appears from the whole tenor of the agreement, that it is to be performed after the year, there a note in writing is necessary." . . ; So where the plaintiff declared*, that the defendant's... | |
 | Samuel March Phillipps - Evidence (Law) - 1820 - 838 pages
...year, then a note in writing is not necessary, for the contingency might possibly happen within the year ; but where it appears by the whole tenor of the agreement, that it is to be performed after the year, there a note iu writing is necessary. (1) (a) In other words, the clause in the statute includes... | |
 | Samuel Comyn - Contracts - 1824 - 680 pages
...after the year, there a note in writing is not necessary, for the contingency might happen within the year; but where it appears by the whole tenor of the agreement, that it is to be performed after the year, there a note is necessary; otherwise not. So, in the case of Fenton v. Emblcrs, executor... | |
 | Great Britain. Courts, Sir William Blackstone - Law reports, digests, etc - 1828 - 594 pages
...writing is not necessary; for the contingency might happen within the year: but where it appears, from the whole tenor of the agreement, that it is to be performed after the year, there a note in writing is necessary." See note (k) infra, (i) Shutford v. Borough, Godb.... | |
 | Great Britain. Court of Common Pleas, John Bayly Moore - Law reports, digests, etc - 1831 - 686 pages
...after the year, there a note in writing is not necessary, for the contingency might happen within the year; but where it appears, by the whole tenor of the agreement, that it is to be performed after the year, then a note is necessary, otherwise not. In Fenton v. Emblers, Mr. Justice Denison, who was... | |
 | Charles Greenstreet Addison - Contracts - 1847 - 988 pages
...note in writing is not necessary, for the contingent and uncertain event miff/it happen within the year ; but where it appears, by the whole tenor of the agreement, that it is to be performed after the year, there a note is necessary, otherwise not." (f) Contracts executed within the year. — Neither... | |
 | Great Britain. Court of Common Pleas - Law reports, digests, etc - 1847 - 612 pages
...writing is not necessary, for, the contingency might happen within the year; but, where it appears from the whole tenor of the agreement that it is to be performed after the year, then a note in writing is necessary." In Boydell v. Drummond, 11 East, 142, it was held,... | |
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