 | Fred Louis Gross - Brokers - 1910 - 488 pages
...declared that ' where the agreement was to be performed upon a contingent, and it does not appear within the agreement that it is to be performed after the...there a note in writing is not necessary, for the contingent might happen within a year; but where it appears by the whole tenor of the agreement that... | |
 | Alexander Haring - Engineering law - 1910 - 542 pages
...necessary, 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." Peter v. Campion (1693) Skin. 353; SC, Holt, 326, cited by Lord Holt in Smith v. Westall,... | |
 | Louis Applebome - Admission to the bar - 1910 - 468 pages
...at his election perform the agreement after the year; it is only when it appears by the whole tenor of the agreement that it is to be performed after the year, that a note in writing is necessary." Plimpton v. Curtis, 15 Wend. 336. "The statute, as interpreted... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1911 - 1256 pages
...contingency, and it does not appear within the agreement that it ii to be performed after the year, then writing is not necessary, for the contingency might happen within the year. If by its terms, or by reasonable construction, a contract not in writing can be fully performed within... | |
 | Charles Erehart Chadman - Law - 1912 - 676 pages
...the judges, that where an agreement is to be performed upon a contingency, and it does not appear in the agreement, that it is to be performed after the...for the contingency might happen within the year. This construction of the statute is fully confirmed by the case of Fenton v. Emblers, 8 Burr. 1278.... | |
 | Maryland, Julian J. Alexander - Law - 1912 - 604 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 required. And in Fenton v. Emblers, 3 Burr. 1278; SC 1 W. Black. 353, it was *decided 535 that an agreement... | |
 | Ohio. Courts - Law reports, digests, etc - 1918 - 646 pages
...at his election perform the agreement after the year; it is only when it appears by the whole tenor of the agreement that it is to be performed after the year that a note in writing is necessary." Donnelley v. Byerley. [Vol. 20(NS) In this case the plaintiff... | |
 | Samuel Williston - Contracts - 1922 - 1092 pages
...necessary, 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." Peter v. Compton (1693), Skinner, 353; sc Holt, 326; sc cited by Lord Holt in Smith... | |
 | Ernest Wilson Huffcut, Edwin Hamlin Woodruff - Contracts - 1925 - 872 pages
...necessary, 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.'' Peter v. Compton, (1693) Skin. 353.; SC, Holt, 326, cited by Lord Holt in Smith v.... | |
 | Law - 1897 - 542 pages
...declared "that where the agreement was to be performed upon a contingent, and it does not appear within the agreement that it is to be performed after the...there a note in writing is not necessary, for the contingent might happen within a year ; but where it appears by the whole tenor of the agreement that... | |
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... 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. 
