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acceptance according action actual agreed agreement amount applied assignment authority become binding Black bound breach buyer called circumstances claim Comm common common law condition consideration considered constitute Cont contract conveyance corporation court created creditor damages debt deed delivered delivery dependent discharge duty easement effect enforce England English entitled equity evidence executed existence express fact fraud gift give given grant heirs held implied infant intention interest land liable limited Mass matter means ment mortgage mutual nature necessary notice obligation offer original owner particular party pass payment performance person possession prevent principle promise purchaser question reasonable received recover regarded relation Reports respect rule seal signed statute sufficient tenant thing tion transfer United unless valid void writing written
Page 35 - * * * it is a rule in law, when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee or in tail; that always in such cases, 'the heirs' are words of limitation of the estate, and not words of purchase.
Page 47 - ... 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 15 - When parties have deliberately put their engagements into writing, in such terms as import a legal obligation, without any uncertainty as to the object or extent of such engagement, it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking was reduced to writing...
Page 39 - No action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 43 - The distinction is very clear, where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other. But where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.
Page 36 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 44 - To constitute the coercion or duress which will be regarded as sufficient to make a payment involuntary, • • • there must be some actual or threatened exercise of power possessed, or believed to be possessed, by the party exacting or receiving the payment over the person or property of another, from which the latter has no other means of immediate relief than by making the payment.
Page 46 - The rule of the common law is, that where a party sustains a loss by reason of a breach of contract, he is, so far as money can do it, to be placed in the same situation, with respect to damages, as if the contract had been performed.
Page 59 - It has long been settled, that in commercial transactions extrinsic evidence of custom and usage is admissible to annex incidents to written contracts in matters with respect to which they are silent. The same rule has also been applied to contracts in other transactions of life in which known usages have been established and prevailed. And this has been done upon the principle of presumption, that in such transactions the parties did not mean to express in writing the whole of the contract by which...