Reports of Cases Ruled and Determined at Nisi Prius: In the Court of Common Pleas, and on the Northern Circuit; from the Sittings After Trinity Term, 55 Geo. III. 1815, to the Sittings After Michaelmas Term, 58 Geo. III. 1817, Both Inclusive. To which are Added, Copious Notes Upon the Most Important Subjects of Commercial and General Law, Volume 1 |
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Page 43
... agreement on which the Jury are bound question arose : -- the sum men- considered as that in an ac- agreement , the to give the plaintiff the whole money ; and that such be considered but as damages parties . " And for the due and ...
... agreement on which the Jury are bound question arose : -- the sum men- considered as that in an ac- agreement , the to give the plaintiff the whole money ; and that such be considered but as damages parties . " And for the due and ...
Page 44
... agreement however slight , the whole penalty can be exacted . Penalties can ' seldom be enforced conscientiously ; courts of law lean against them , and courts of equity relieve against them . He cited Astley v . Weldon , 2 B. and P ...
... agreement however slight , the whole penalty can be exacted . Penalties can ' seldom be enforced conscientiously ; courts of law lean against them , and courts of equity relieve against them . He cited Astley v . Weldon , 2 B. and P ...
Page 45
... agreement , effectually pre- vented them from consider- ing the sum mentioned as li- quidated damages . In actions brought for the breach of covenants and agree- ments , there has sometimes been a difficulty in distinguish- ing between ...
... agreement , effectually pre- vented them from consider- ing the sum mentioned as li- quidated damages . In actions brought for the breach of covenants and agree- ments , there has sometimes been a difficulty in distinguish- ing between ...
Page 46
... agreement . 6. Where the precise sum , therefore , is not of the essence of the agreement , the quantum of damages may be assessed by a Jury ; but where the pre- cise sum has been fixed and agreed upon by the parties , that very sum is ...
... agreement . 6. Where the precise sum , therefore , is not of the essence of the agreement , the quantum of damages may be assessed by a Jury ; but where the pre- cise sum has been fixed and agreed upon by the parties , that very sum is ...
Page 47
... agreement for use and occu- pation is void HIS was an action for use and occupation.- The plaintiff claimed a quarter's rent . The defendant entered into a verbal agreement with an agent of the plaintiff for the occupation of a house of ...
... agreement for use and occu- pation is void HIS was an action for use and occupation.- The plaintiff claimed a quarter's rent . The defendant entered into a verbal agreement with an agent of the plaintiff for the occupation of a house of ...
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Common terms and phrases
act of bankruptcy action agent agreement assignees ASSUMPSIT attorney bankrupt bankrupt laws barratry Best bill of exchange bill of lading broker brought Cagliari Campb cargo charge circumstances claim commission common law consignee contended contrà contract counsel Court court of equity covenant creditor damages debt deed defendant defendant's delivered delivery East entitled equity evidence fendant fraud fraudulent freight GIBBS held horse indorsed James Hardman John Hardman Jury Lens liable libel license likewise London Lord Lord Ellenborough Lord Mansfield loss ment neral notice objection officer opinion owner paid party patent payment person plaintiff plea port possession premium principal promise prove question received recover rent Richard Pilkington ruptcy Scarlett scrivener serjeant sheriff shew ship sion Solicitor statute statute of frauds sufficient surety tain Taunt tenant tiff tion trade transitu underwriters usury Vaughan Verdict vessel voyage warrant witness