A New Abridgment of the Law with Large Additions and Corrections, Volume 1T. Davis, 1846 - Law |
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Page 49
... of accompt , and not an action on the case ; and upon demur- rer it was adjudged , that here being an express promise , on which the VOL . I. - 7 E ( E ) What shall be a good Bar to ACCOMPT . 49 (D) In what Cases this is the proper ...
... of accompt , and not an action on the case ; and upon demur- rer it was adjudged , that here being an express promise , on which the VOL . I. - 7 E ( E ) What shall be a good Bar to ACCOMPT . 49 (D) In what Cases this is the proper ...
Page 50
... promises.to render an account . Salk . 9 , pl . 1 ; Wilkins v . Wilkins , Carth . 89 , S. C. , where it was holden ... promise , for he would not travel into an account in such actions . Comberb . 149 , S. C. Tou- sey v . Preston , 1 ...
... promises.to render an account . Salk . 9 , pl . 1 ; Wilkins v . Wilkins , Carth . 89 , S. C. , where it was holden ... promise , for he would not travel into an account in such actions . Comberb . 149 , S. C. Tou- sey v . Preston , 1 ...
Page 54
... of an equivalent , there is no injury or cause of complaint , and therefore present satisfac- tion is a good plea : but , if the wrongdoer only promise a future satis- ( A ) What shall be deemed a good Accord 54 ACCORD AND SATISFACTION .
... of an equivalent , there is no injury or cause of complaint , and therefore present satisfac- tion is a good plea : but , if the wrongdoer only promise a future satis- ( A ) What shall be deemed a good Accord 54 ACCORD AND SATISFACTION .
Page 56
... promise by the debtor to pay the residue when able , ) yet certain other additional advan- tages moving to the creditor , have been held to render the agreement on his part to accept the less sum binding . Pinnel's case , 5 Coke R. 117 ...
... promise by the debtor to pay the residue when able , ) yet certain other additional advan- tages moving to the creditor , have been held to render the agreement on his part to accept the less sum binding . Pinnel's case , 5 Coke R. 117 ...
Page 59
... promise to pay the rent at a day to come , to which the obligee had agreed ; the court held it no bar , it being executory . For the same reason , a plea to an action of trover that the plaintiff agreed to discharge the defendant of the ...
... promise to pay the rent at a day to come , to which the obligee had agreed ; the court held it no bar , it being executory . For the same reason , a plea to an action of trover that the plaintiff agreed to discharge the defendant of the ...
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Common terms and phrases
act of bankruptcy adjudged affidavit agreement alien amended annuity appear arbitrators arrest assignment assize assumpsit attachment attorney audita querela award bail bailiff Bailment bankrupt Barn bill Bing bond brought Bulst Burr Caines Carth Chitt commission commissioners common law consideration contract court court of equity Cowen Cowp creditor damages debt declaration deed delivered discharge Dougl East Eliz equity execution executor granted hath Hawk held holden issue John judge judgment justice king King's Bench land liable Lord Mass ment nisi prius offence officer paid party payment person plaintiff plea pleaded in abatement proceedings promise Raym received recover refused remedy rent Roll rule Salk scire facias seisin sheriff statute statute of frauds Stra submission sued suit Taunt tenant Term thereof trespass verdict void Wend Wils writ of error
Popular passages
Page 179 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
Page 229 - Saund. 228, n. (1), it is said, that, " where there is any defect, imperfection, or omission in any pleading, whether in substance or form, which would have been a fatal objection upon demurrer ; yet, if the issue joined be such as necessarily required on the trial proof of the facts so defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or...
Page 165 - ... hereditaments, shall at any time after the said four and twentieth day of June be assigned, granted or surrendered, unless it be by deed or note in writing, signed by the party so assigning, granting or surrendering the same, or their agents thereunto lawfully authorized by writing, or by act and operation of law.
Page 664 - I, AB, do swear, that I will faithfully, impartially, and honestly, according to the best of my skill and knowledge, execute the several powers and trusts reposed in me as one of the Commissioners for Inventions, and that without favour or affection, prejudice or malice.
Page 648 - ... or cause to be made any fraudulent surrender of any of his copyhold lands or tenements, or make or cause to be made any fraudulent gift, delivery, or transfer of any of his goods or chattels...
Page 669 - Action may plead the General Issue and give the special Matter in Evidence...
Page 229 - Case may be; and where Issue is joined on such Demurrer, the Court shall proceed and give Judgment according as the very Right of the Cause and Matter in Law shall appear unto them, without regarding any Imperfection, Omission, Defect in or Lack of Form...
Page 367 - It seems that an assault is an attempt, or offer, with force and violence, to do a corporal hurt to another; as by striking at him with, or without, a weapon; or presenting a gun at him, at...
Page 708 - ... if he shall have paid the debt, or any part thereof, in discharge of the whole debt...
Page 166 - ... 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.