 | John Campbell Allen - 1879 - 606 pages
...liquidated " demand ought to be paid, is payment only in part; it '•being not one bargain, but two; viz., payment of part, •"and an agreement without consideration, to give up the ''the residue. * * * But if you substitute for a sum of " money, a piece of paper, or a stick of scaling... | |
 | James Barr Ames - Negotiable instruments - 1881 - 910 pages
...in the same manner as the whole liquidated demand ought to be paid, is payment only in part; because it is not one bargain, but two, — namely, payment...for a sum of money a piece of paper, or a stick of sealing-wax, it is different, and the bargain may be carried out in its full integrity. A man may give,... | |
 | Law reports, digests, etc - 1885 - 666 pages
...same manner as the whole liquidated demand which ought to be paid is payment only in part, because it is not one bargain but two — namely, payment...The Courts might very well have held the contrary (30) 15 Com. B. Eep. 828; 21 Law J. Rep. CV 68. and have left the matter to the agreement of the parties,... | |
 | Electronic journals - 1885 - 890 pages
...two ; viz., payment of part, and an agreement without consideration to give np the residue. The court might very well have held the contrary, and have left...the parties, but undoubtedly the law is so settled." After such strong expressions of opinion, I doubt much whether any judge sitting in a court of the... | |
 | Electronic journals - 1885 - 902 pages
...demand which ought to be paid, is payment only in part, because it is not one bargain, but two; viz., payment of part, and an agreement without consideration to give up the residue. The court might very well have held the contrary, and have left the matter to the agreement of the parties,... | |
 | Law reports, digests, etc - 1908 - 1160 pages
...payment is no detriment, or to say, as does Alderson, В., in Sibree v. Tripp, 15 M. & W. 23, 37, "¡t is not one bargain but two ; namely, payment of part,...agreement without consideration to give up the residue." Such a statement Is generally untrue. If A. pays B. $50 on a $100 debt, and then requests B. to release... | |
 | Robert Campbell - Annotations and citations (Law) - 1894 - 868 pages
...same manner as the whole liquidated demand which ought to be paid is payment only in part, because it is not one bargain but two, — namely, payment...the parties, but undoubtedly the law is so settled." After such strong expressions of opinion, I doubt much whether any Judge sitting in a court of first... | |
 | Samuel Williston - Contracts - 1903 - 778 pages
...demand which ought to be paid, is payment only in part, because it is not one bargain, but two ; viz., payment of part, and an agreement without consideration...the parties, but undoubtedly the law is so settled." After such strong expressions of opinion, I doubt much whether any judge sitting in a court of the... | |
 | Samuel Williston - Contracts - 1903 - 752 pages
...demand which ought to be paid, is payment only in part, because it is not one bargain, but two ; viz., payment of part, and an agreement without consideration...the parties, but undoubtedly the law is so settled." After such strong expressions of opinion, I doubt much whether any judge sitting in a court of the... | |
 | Samuel Williston - Contracts - 1904 - 368 pages
...demand which ought to be paid, is payment only in part, because it is not one bargain, but two ; viz., payment of part, and an agreement without consideration...the parties, but undoubtedly the law is so settled." After such strong expressions of opinion, I doubt much whether any judge sitting in a court of the... | |
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... it is not one bargain, but two; viz., payment of part, and an agreement without consideration to give up the residue. The courts might very well have held the contrary, and have left the matter to the agreement of the parties, but undoubtedly the... 
