Principles of Law: Law in General; Personal Rights; Property; Wills; ContractsInternational textbook Company, 1903 - Contracts |
From inside the book
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Page 22
... delivered , is a solemn act which the maker may not dispute . If the deed be invalid , estoppel cannot operate to make it binding . Therefore , to create an estoppel , the deed must be good and valid in its form and execution . " 102 ...
... delivered , is a solemn act which the maker may not dispute . If the deed be invalid , estoppel cannot operate to make it binding . Therefore , to create an estoppel , the deed must be good and valid in its form and execution . " 102 ...
Page 31
... deliver possession . This distinction no longer exists and all hereditaments , both corporeal and incorporeal , both in England and the United States , now lie in grant ; that is , they are transferred by grant . ' 144 39. Lease . - A ...
... deliver possession . This distinction no longer exists and all hereditaments , both corporeal and incorporeal , both in England and the United States , now lie in grant ; that is , they are transferred by grant . ' 144 39. Lease . - A ...
Page 1
... delivered by the parties . More specifically , a deed is a writing made for the purpose of con- veying real estate , and includes not only deeds of conveyance but all contracts , of whatever nature , which are evidenced by a sealed ...
... delivered by the parties . More specifically , a deed is a writing made for the purpose of con- veying real estate , and includes not only deeds of conveyance but all contracts , of whatever nature , which are evidenced by a sealed ...
Page 5
... delivered , and after- wards filled up , it is no deed . " The filling in of blanks in a deed after delivery make a redelivery necessary . " When a deed is partly written and partly printed , the writing prevails against the printing ...
... delivered , and after- wards filled up , it is no deed . " The filling in of blanks in a deed after delivery make a redelivery necessary . " When a deed is partly written and partly printed , the writing prevails against the printing ...
Page 16
... delivered , and only clear and convincing evidence can overcome this presumption . ** 35 . Acceptance by Grantee . - There can be no deliv- ery without acceptance , but it need not be in person ; it will be good if authorized or ...
... delivered , and only clear and convincing evidence can overcome this presumption . ** 35 . Acceptance by Grantee . - There can be no deliv- ery without acceptance , but it need not be in person ; it will be good if authorized or ...
Common terms and phrases
absolute acceptance action actual agreement ancestor assignment binding bottomry Bouv buyer chose in action claim common law condition consideration convey conveyance corporation court courts of equity covenant creditors death debt deed delivered delivery descendants donor easement effect enforce England English entitled equity escheat estoppel executed executory existence express fee simple fee tail fraud gift inter vivos grant grantor heirs held Ibid implied infant inheritance instrument intention interest jurisdiction Kent's Comm land Law Dict liable Mass ment Mort mortgagor N. J. Eq N. J. Law necessary obligation owner parties pass payment performance personal property possession profit a prendre promise purchaser Real Est real property remainder Reports rule seal seller Stat statute statute of frauds statute of limitations sufficient tenant thing third person tion tract transfer United unless valid vendee vendor vested void warranty words
Popular passages
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...
Page 48 - For the principal aim of society is to protect individuals in the enjoyment of those absolute rights, which were vested in them by the immutable laws of nature...