| Isaac 'Espinasse - Actions and defenses - 1794 - 918 pages
...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 teftator... | |
| Massachusetts, William Charles White - Law - 1811 - 214 pages
...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, defendant's testator promised the... | |
| Horse racing - 1812 - 422 pages
...ècontra), •where the agreement is to be performed upon a contingent, and it floes not appear within the agreement, that it is to be performed after the...year, there a note in writing is not necessary, for a contingent might happen within the year; but where' it appears by the •whole teneur of the agreement,... | |
| William Selwyn - Nisi prius - 1812 - 732 pages
...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 testator, in consideration... | |
| Great Britain. Court of King's Bench, James Burrow - Law reports, digests, etc - 1812 - 648 pages
...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; and agreed with ter was... | |
| William Selwyn - Nisi prius - 1817 - 776 pages
...the judges, were of opinion that it ought to have been in writing, because the defrom the whole tenor of the agreement, that it is to be performed after the year, there a note hi writing is necessary." So where the plaintiff" declared d, that the defendant's testator, in consideration... | |
| William Selwyn - Nisi prius - 1817 - 782 pages
...judges, were of opinion that it ought to have been in writing, because the d«from the whole tenor of the agreement, that it is to be performed after the year, thtTe a note in writing is necessary." So where the plaintitF .declared d, that the defendant's testator,... | |
| Samuel March Phillipps - Evidence (Law) - 1820 - 838 pages
...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 only those cases,... | |
| Samuel March Phillipps - Evidence (Law) - 1822 - 600 pages
...necessary, for the contingency may 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 in writing is necessary. (4) In other words, the clause in the statute includes only those cases, in which it is... | |
| Samuel Comyn - Contracts - 1824 - 680 pages
...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 of May, (c) where the promise... | |
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