The Law of Contracts, Volume 3Little, Brown, 1893 - Contracts |
Contents
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Common terms and phrases
acceptance action agent agreed agreement amount assignee assumpsit authority Bank bankrupt law bankruptcy Barb bill Bing breach buyer cent choses in action cited claim common law compensation Conn consideration contract court of equity covenant Cowen creditor debt debtor decree defendant defendant's delivered delivery discharge doctrine effect enforced execution give given grant held indorsement injury insolvent laws Johns judgment jury land lease legal interest legal rate liable lien liquidated damages loan Lord Lord Eldon Lord Ellenborough Mass measure of damages ment obligation opinion owner paid party payable payment person plaintiff possession principle proved purchaser question reason received recover refused remedy rule Sandf sell seller Smith sold specific performance statute of frauds statute of limitations stipulated sufficient tion tract trover trust usurious vendee vendor void Wend Wheat
Popular passages
Page 197 - ... such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 62 - ... or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them; or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 478 - A contract executed, as well as one which is executory, contains obligations binding on the parties. A grant, in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that right. A party is, therefore, always estopped by his own grant.
Page 486 - ... that its abandonment ought not to be presumed, in a case, in which the deliberate purpose of the state to abandon it does not appear.
Page 67 - ... within six years next after the cause of such actions or suit, and not after...
Page 388 - The distinction between the obligation of a contract, and the remedy given by the legislature to enforce that obligation, has been taken at the bar, and exists in the nature of things. Without impairing the obligation of the contract, the remedy may certainly be modified, as the wisdom of the nation shall direct.
Page 486 - If a contract on that subject can be gathered from the charter, it must be by implication, and cannot be found in the words used. Can such an agreement be implied? The rule of construction before stated is an answer to the question. In charters of this description no rights are taken from the public, or given to the corporation, beyond those which the words of the charter, by their natural and proper construction, purport to convey.
Page 26 - Whenever the main purpose and object of the promisor is not to answer for another, but to subserve some pecuniary or business purpose of his own, involving either a benefit to himself or damage to the other contracting party, his promise is not within the statute, although it may be in form a promise to pay the debt of another, and although the performance of it may incidentally have the effect of extinguishing that liability.
Page 197 - Where two parties have made a contract, which one of them has broken, the damages which the other party ought to receive, in respect of such breach of contract, should be such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made...
Page 197 - But on the other hand, if these special circumstances were wholly unknown to the party breaking the contract, he at the most could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases, not affected by any special circumstances from such a breach of contract.