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The Law Of Contracts | by John William Smith, Vincent T. Thompson, John Douglass Brown, Jr.



In bringing this Edition of Smith's Lectures on the Law of Contracts up to the existing state of the law, the present Editor has endeavoured as before to make his own additions as short as possible, confining them to cases of real importance and to such alterations as were rendered necessary by recent legislation. The Editor trusts that the present Edition will be found no less acceptable than its predecessors.

TitleThe Law Of Contracts
AuthorJohn William Smith, Vincent T. Thompson, John Douglass Brown, Jr.
PublisherT. & J. W. Johnson & Co
Year1885
Copyright1885, T. & J. W. Johnson & Co
AmazonLaw of Contracts: A Course of Lectures

By John William Smith, Esq, Late Of The Inner Temple, Barrister-At-Law, Author Of "Leading Cases," "A Treatise On Mercantile Law," Etc Seventh American, From The Eighth London Edition

By Vincent T. Thompson, Esq., M. A, Of Lincoln's Inn, And Of The North-Eastern Circuit, Barrister-At-Law Assistant Recorder Of Leeds With Notes And References To Both English And American Decisions, By William Henry Rawle And George Sharswood, LL. D And With Additional Notes And References To Recent American Cases,

By John Douglass Brown, Jr.

-Preface To The Seventh American Edition
The text of this edition is that of the last (eighth) English edition. The elaborate annotations of his distinguished predecessors (which have been, with very slight exceptions, retained) have made it...
-Lecture I. On The Nature And Classification Of Contracts And On Contracts By Deed
The whole practice of our English Courts of Common Law (a), if we except their criminal jurisdiction and their administration of the law of real property, to which may be added those cases which fall ...
-On The Nature And Classification Of Contracts And On Contracts By Deed. Part 2
*in a criminal case is by recognizance, in which he binds himself to the Queen in a certain sum conditioned for the performance of the duty imposed on him; and in case of his making default, that sum ...
-On The Nature And Classification Of Contracts And On Contracts By Deed. Part 3
(q) Case of Dean and Chap, of Femes, Dav. Rep. 116; Derby Canal Co. v. Wilmont, 9 East, 360. (r) Shepp. Touch. 57. (s) Goddard's Case, 2 Rep. 4 b. (0 Weeks v. Maillardet, 14 East, 568; Hibblewhite ...
-On The Nature And Classification Of Contracts And On Contracts By Deed. Part 4
(x) Co. Litt. 36 a. (y) See further Doe d. Lloyd v. Bennett, 8 Car. & P. 124; Tupper v. Foulkes, 30 L. J. (C. P.) 214. 1 While delivery is essential to the legality of a deed, it may be either actua...
-On The Nature And Classification Of Contracts And On Contracts By Deed. Part 5
But upon the question whether there has ever been a delivery, the possession of the instrument may have a material bearing. Delivery is, to a certain extent, a question for the jury, but under the dir...
-On The Nature And Classification Of Contracts And On Contracts By Deed. Part 6
In looking at the cases in equity upon this head, much will be found to turn upon the nature of the instrument, and the purpose for which it was intended : Bryan v. Wash, 2 Gilm. 557; Souverbye v. Ard...
-On The Nature And Classification Of Contracts And On Contracts By Deed. Part 7
(b) Johnson v. Baker, 4 B. & Ald. (6 E. C. L. E.) 440. It has been suggested by Professor Greenleaf, in his edition of Cruise on Real Property (tit. xxxii, ch. 1, 25, note), that Thompson v. L...
-On The Nature And Classification Of Contracts And On Contracts By Deed. Part 8
(i) Co. Litt. 35 b.; Shepp. Touch. 50. Williams, Real Property, p. 156, 14th ed. 42 N. J. L. 279; Campbell v. Kuhn, 45 Mich. 512. To make the delivery of a deed effectual the grantor must part with a...
-On The Nature And Classification Of Contracts And On Contracts By Deed. Part 9
(p) Lects. IV, V. (q) See Fallowes v. Taylor, 7 T. E. 475. (r) See Sharington v. Strotton, Plowd. 308 a; Cruise, Dig. tit. xxxii. c. 11, as. 54 and 55. 1 Thus in Kennedy v. Ware, 1 Pa. St. 445, the...
-On The Nature And Classification Of Contracts And On Contracts By Deed. Part 10
(a) Paxton v. Popham, 9 East, 421. (b) See Collins v. Blantern, 2 Wils. 341; 1 Smith, L. C. 387, 8th ed. (c) Bartlett v. Vinor.Carth. 251; Cundell v. Dawson, 4 C. B. (56 E. C. L. R.) 376; Ritchie v....
-On The Nature And Classification Of Contracts And On Contracts By Deed. Part 11
(k) Staines v. Wainewright, 6 Bing. N. C. (37 E. C. L. R.) 174. See Ex parte Oliver, re Hodgson, 4 De G. &. S. 354. (I) M Kinnel v. Robinson, 3 M. & W. 434; De Begnis v. Armistead, 10 Bing. (25 E. C ...
-On The Nature And Classification Of Contracts And On Contracts By Deed. Part 12
Instrument, and in an action upon it, it is not competent for the party bound to deny the recital (t). But an allegation *must, in order to operate as an estoppel, be clear, distinct, and definite (u)...
-On The Nature And Classification Of Contracts And On Contracts By Deed. Part 13
The rule, therefore, is a very general one with respect to an ejectment brought by the landlord against the tenant (unless, indeed, in the case where the assent of the latter is produced by the fraud ...
-On The Nature And Classification Of Contracts And On Contracts By Deed. Part 14
But notwithstanding the strong terms in which estoppel is often described as peculiar to a deed, it must not be supposed that a party cannot be estopped by any other act (d), although estoppel by deed...
-On The Nature And Classification Of Contracts And On Contracts By Deed. Part 15
(i) 3 App. Cas. 1004, 1026 ; 48 L. J. (Ch.) 179, 189. This case affirmed In re British Farmers' Pure Linseed Cake Co., 7 Ch. D. 533; 47 L. J. (Ch.) 415, where the C. A. held that a company having issu...
-On The Nature And Classification Of Contracts And On Contracts By Deed. Part 16
(p) Holmes v. Bell, 3 M. & G. 213; Norfolk Railway Co. v. M'Namara, 3 Ex. 628. But although the intention of the parties cannot prevent the operation of a merger when a higher security is taken for a...
-On The Nature And Classification Of Contracts And On Contracts By Deed. Part 17
(x) Standen v. Christmas, 16 L. J. (Q. B) 265; 10 Q. B. (59 E. C. L. R.) 135; Brydges v. Lewis, 3 Q. B. (43 E. C L. R.) 603. (y) Com. Dig. Assignment, C. 1, lb. Grant, D. But see now 36 & 37 Vict. c....
-On The Nature And Classification Of Contracts And On Contracts By Deed. Part 18
As a general rule, chattels real and personal of tangible or corporeal natures may, at common law, be granted without deed (m). And, although an estate of inheritance or freehold cannot be granted upo...
-On The Nature And Classification Of Contracts And On Contracts By Deed. Part 19
1 By these statutes a positive bar is interposed to a recovery upon specialities after twenty years. Before their passage, there was only the common law presumption of payment or performance, which wa...
-Lecture II. The Nature Of Simple Contracts Of Written Contracts. Patent And Latent Ambiguities. When Writing May Be Qualified By Evidence Of Usage. The Statute Of Frauds
In the last lecture I compressed the observations I had to make on the general nature of Contracts under Seal. I now arrive at the class denominated Simple Contracts, which comprises all of a degree i...
-The Nature Of Simple Contracts Of Written Contracts. Patent And Latent Ambiguities. When Writing May Be Qualified By Evidence Of Usage. The Statute Of Frauds. Part 2
(e) See Wallis v. Littell, 31 L. J. (C. P.) 100. (f) See Free v. Hawkins, 8 Taunt. (4 E. C. L. E.) 92. For other examples of the application of the same principle in the case of Bills of Exchange and...
-The Nature Of Simple Contracts Of Written Contracts. Part 3
The line of decision taken in Pennsylvania admitting such evidence on the ground of fraud has not, it is believed, been generally observed elsewhere, and in a note to Woolam v. Hearn, 2 White's Equity...
-The Nature Of Simple Contracts Of Written Contracts. Part 4
Receipts not under seal are always open to explanation and even to contradiction by parol evidence : Hitt v. Slocum, 37 Vt. 524; Dunham v. Barnes, 9 Allen, 352; King v. Mitchell, 30 Ga. 164; Dunagan v...
-The Nature Of Simple Contracts Of Written Contracts. Part 5
(q) Hunt v. Hort, 3 Bro. C. C. 311; Clayton v. Lord Nugent, 13 M. & W. 200. *A latent ambiguity is where the instrument itself is on the face of it intelligible enough, but a difficulty arises in asc...
-The Nature Of Simple Contracts Of Written Contracts. Part 6
(v) Macdonald v. Longbottom, 1 E. & E. (102 E. C. L. R.1 977; 28 L. J. (Q. B.) 293; in Exch. Ch, 1 E. & E. (102 E. C. L. R.) 987; 29 L. J. (Q. B.) 256. For the same reason, when the terms of a writte...
-The Nature Of Simple Contracts Of Written Contracts. Part 7
But a tenant may avail himself of a local custom to take an away-going crop after the expiration of his term under a lease, although the terms of holding during the continuance of it are inconsistent ...
-The Nature Of Simple Contracts Of Written Contracts. Part 8
There is a strong and increasing disinclination of the courts to allow the general laws of the country to be varied by proof of local usages. Such a usage is binding only on the ground that the party ...
-The Nature Of Simple Contracts Of Written Contracts. Part 9
(k) Parker v. Ibbetson, 27 L. J. (C. P.) 236. (/) Syers v. Jonas, 2 Ex. 111. *terms of a contract without altering its effect, more or less (m). The following are incidents in which the usage has ...
-The Nature Of Simple Contracts Of Written Contracts. Part 10
2 M. & W. 440; Jones v. Littledale, 6 A. & E. (33 E. C. L. R.) 486. See also Robinson v. Mollett,L. R. 7 H. L.802; 44 L. J. (C. P.) 362, reversing Mollett v. Robinson, L. R. 5 C. P. 646, 7 lb. 84; 39 ...
-The Nature Of Simple Contracts Of Written Contracts. Part 11
It must be borne in mind, in the application of all these rules, that evidence of words being used in a certain sense, or that certain incidents are annexed by custom in certain places and amongst cer...
-The Nature Of Simple Contracts Of Written Contracts. Part 12
(s) See p. *41. 1 But in Lord Nottingham's MS. report of the ease of Ash v. Abdy (1678), printed in 3 Swanst. 644, he remarks: And I said that I had some reason to know the meaning of this law, for ...
-The Nature Of Simple Contracts Of Written Contracts. Part 13
Now, it has been decided-and the decision you will observe was (t) equally applicable to each of the five descriptions of contract-that in consequence of the introduction of the word agreement the c...
-The Nature Of Simple Contracts Of Written Contracts. Part 14
But this consideration need not appear in express terms; it is sufficient, as will hereafter appear, that any person of ordinary capacity must infer from the perusal of the memorandum or note that suc...
-The Nature Of Simple Contracts Of Written Contracts. Part 15
(j) Hood v. Lord Barrington, L. R. 6 Eq. 218; Sale v. Lambert, L. R. 18 Eq. 1, 43 L. J. (Ch.) 470; Potter v. Duffield, L. R. 18 Eq. 4, 43 L. J. (Ch.) 472. See also Williams v. Byrnes, 1 Moo. P. C. N. ...
-The Nature Of Simple Contracts Of Written Contracts. Part 16
(s) 12 Cl. & Fin. 45. (0 11 East, 142. So too, where property is sold by auction subject to conditions of sale, an entry made at the time of the sale in the auctioneer's book which contains either n...
-The Nature Of Simple Contracts Of Written Contracts. Part 17
(b) Schneider v. Norris, 2 M. & S. 286. (c) See Saunderson v. Jackson, 2 Bos. & P. 238. (d) Johnson v. Dodgson, 2 M. & W. 653. See Lobb v. Stanley, 5 Q. B. (48 E. C. L. R.) 574; Lewis v. Lord Kensin...
-Lecture III. The Fourth Section Of The Statute Of Frauds. Promises By Executors And Administrators. Guaranties. Marriage Contracts. Contracts For The Sale Of Land. Agreements Not To Be Performed In A Year
I have now touched on the points which [with one exception made by the provisions of a recent statute in the case of guaranties] equally apply to each of those five species of contracts to which the 4...
-The Fourth Section Of The Statute Of Frauds. Promises By Executors And Administrators. Guaranties. Marriage Contracts. Contracts For The Sale Of Land. Agreements Not To Be Performed In A Year. Part 2
(b) Birkmyr v. Darnell, Salk. 27 ; and the notes to Forth v. Stanton, 1 Wms. Saund, 211 b, 211 c. 1 Sidle v. Anderson, 45 Pa. St. 464.-s. 2 The party for whom the promise is made must be liable to t...
-The Fourth Section Of The Statute Of Frauds. Part 3
(i) Fitzgerald v. Dressier, 29 L. J. (C. P.) 113; 7 C. B. (N S.) (97 E. C. L. R.) 374. 1 Sharpe v. Speckenagle, 3 S. & R. 463; Palethorpe v. Lesher, 2 Rawle, 274; Snevily v. Read, 9 Watts, 396; Lathr...
-The Fourth Section Of The Statute Of Frauds. Part 4
The cases may naturally be divided into those where the promise of guarantee was concurrent with the principal contract, and those where it was subsequent to its creation. 1. Under the first of these...
-The Fourth Section Of The Statute Of Frauds. Part 5
But where there is some new and original consideration of benefit or harm moving between the new contracting parties, it is well settled that the case is not within the statute: Leonard v. Vredenburgh...
-The Fourth Section Of The Statute Of Frauds. Part 6
The default or miscarriage of another person to which the statute applies need not, however, be a default or miscarriage in payment of a debt or in performing a contract. Any duty imposed by the law, ...
-The Fourth Section Of The Statute Of Frauds. Part 7
There is a recent case in which a single signature *to an agreement was held under the circumstances to have been made in a double capacity, purchase of cotton, I do hereby give you my guarantee for t...
-The Fourth Section Of The Statute Of Frauds. Part 8
The cases turn, as remarked by the Lord Chief Justice in that of Martin v. Wright, on the particular terms of each guarantee, and it is therefore impossible to lay down any less general rule of const...
-The Fourth Section Of The Statute Of Frauds. Part 9
Before leaving the subject of guarantees, it may be remarked that in Pennsylvania, a peculiar signification has been given to the word guarantee, as distinguished from other words of similar import, s...
-The Fourth Section Of The Statute Of Frauds. Part 10
It has since been considered in the construction of this statute, that a representation by a person, that the title-deeds of an estate which A. had bought were in that person's possession, that nothin...
-The Fourth Section Of The Statute Of Frauds. Part 11
We now come to the fourth class of promises, enumerated by the 4th section, viz-any contract, *or sale of lands, tenements, or hereditaments, or any interest in or concerning them. These words, you w...
-The Fourth Section Of The Statute Of Frauds. Part 12
(r) Duppa v. Mayo, 1 Wms. Saund. 277 c. n (f). A similar and very clear view of this subject is also taken by Lord St. Leonardssee Concise View of Law of V. & P. 75, ed. 1851. (s) 5B.&C. (11 E. C. L....
-The Fourth Section Of The Statute Of Frauds. Part 13
(y) Scorell v. Boxall, 1 Y. & J. 396; Teal v. Auty, 2 B. & B. (6 E. C. L.E.) 99. (z) Rodwell v. Phillips, 9 M. & W. 501. (a) Smith w. Surman, 9 B. & C. (17 E. C. L. R.) 561. (b) Lord Falmouth v. Th...
-The Fourth Section Of The Statute Of Frauds. Part 14
But when a contract was that, in consideration that the plaintiff would advance 2000 upon the security of a mortgage of certain land upon the defendant making out a good title to mortgage it, the def...
-The Fourth Section Of The Statute Of Frauds. Part 15
(x) 1 C. & J. 391; 1 Tyr. 293. The last case provided for is that of any agreement that is not to be performed within the space of one year from the making thereof. It has been decided, that the agre...
-The Fourth Section Of The Statute Of Frauds. Part 16
1 A parol contract by which a son agreed to work for his father while he lived, to be paid at his death, was held not void as a contract not to be performed within a year: Updike v. Ten Broeck, 32 N. ...
-The Fourth Section Of The Statute Of Frauds. Part 17
The point decided in Souch v. Strawbridge, supra, viz., that the statute only applies where, from the terms of the agreement, the contract must necessarily extend beyond one year, was, long before tha...
-Lecture IV. Sale Of Goods, Etc
Under The 17th Section Of The Statute Of Frauds.-Other Contracts Where Writing Is Or Has Been Necessary.-Points Applying To All Simple Contracts.-Assent.Offer And Acceptance.-Consideration Of Contract...
-Sale Of Goods, Etc. Part 2
(d) 2 Bing. N C. (29 E. C. L. R.) 735. (e) 9 C. B. N. S. (99 E. C. L. R) 843, 30 L. J. (C. P.) 150, 154. Of the bargain signed by the party to be charged. As soon as that occurs, the contract, thoug...
-Sale Of Goods, Etc. Part 3
It has been held in England that contracts for the sale of shares in a joint-stock, banking company, or in a railway company, or of foreign stock, need not be in writing, as not coming within the term...
-Sale Of Goods, Etc. Part 4
(n) Smith v. Surman, 9 B. & C. (17 E. C. L. E.) 561: Archer v. Baynes, 5 Ex. 625; Philliniore v. Barry, 1 Camp. 513; Jackson v. Lowe, 1 Bing. (8 E. C. L. E.) 9; Pierce v. Corf, L. E. 9 Q. B. 210. (o)...
-Sale Of Goods, Etc. Part 5
(d) Bailey v. Sweeting, 9 C. B. (N. S.) (99 E. C. L. R.) 843; 30 L. J. (C. P.) 150; Wilkinson v. Evans, L. R. 1 C. P. 407; 35 L. J. (C. P.) 224; Buxton v. Rust, L. R. 7 Ex. 1, 279 (Ex. Ch.); 41 L. J. ...
-Sale Of Goods, Etc. Part 6
Again, though there may be an assent to the terms of the proposed contract by both parties, yet if one party is induced to assent, believing through the fraudulent misrepresentation of the other that ...
-Sale Of Goods, Etc. Part 7
(r) 3T.R. 653. The party who made the offer has a right to say, *Non hoec in foedera veni; and to decline any other bargain than that which he offered. Where an offer is accepted in the terms in wh...
-Sale Of Goods, Etc. Part 8
(z) Wontner v. Shairp, 4 C. B. (56 E. C. L. R) 404; Walstab v. Spottiswood, 15 M. & W. 501; Vollans v. Fletcher, 1 Ex. 20; Duke v Andrews, 2 Ex. 290; Chaplin v. Clarke, 4 Ex. 403; Re Direct Birmingham...
-Sale Of Goods, Etc. Part 9
But a simple contract is, as I have said, incapable of becoming the subject of an action unless supported by a consideration.2 Ex nudo pacto non oritur actio is an old and well-established maxim of ou...
-Sale Of Goods, Etc. Part 10
Johns. 28; or by doing additional work to a particular job: Hart v. Norton, 1 M'Cord 22.-r. 1 The statement in the text, although it is the commonly accepted form of definition of consideration, cann...
-Sale Of Goods, Etc. Part 11
Promise by a debtor that he will not pay a debt then past due until a future day named, and that he will then pay the same with interest, is held not to be a good consideration for the promise of the ...
-Sale Of Goods, Etc. Part 12
(a) See Smith v. Smith, 32 L. J. (C. P.) 149. This reluctance is also very strongly exemplified by some cases turning on contracts in restraint of trade. By the law of England, a contract in general ...
-Lecture V. Consideration Of Simple Contracts. - Executed Considerations. - Where Express Requests And Promises Are Of Avail. - Moral Considerations
Illegal Contracts. - Restraints Of Trade I endeavoured to explain in the last lecture what it is that the law of England recognizes as a consideration sufficient to support a promise without deed. I ...
-Consideration Of Simple Contracts. - Executed Considerations. - Where Express Requests And Promises Are Of Avail. - Moral Considerations. Part 2
And where a man who has a judgment debt *takes from his debtor a promissory note for the amount, payable at a certain future time, it must be inferred that he thereby enters into an agreement to suspe...
-Consideration Of Simple Contracts. Executed Considerations. Part 3
That the plaintiff would forbear further proceedings; an action having been brought upon this promise, the defendant pleaded that the plaintiff never had any cause of action against the defendant in r...
-Consideration Of Simple Contracts. Executed Considerations. Part 4
Again, if one man is compelled to do that which another man ought to have done and was compellable to do, that is a sufficient consideration to support a promise by the former to indemnify him. Such i...
-Consideration Of Simple Contracts. Executed Considerations. Part 5
It has been sometimes said that a continuing consideration is sufficient to support a promise, as where one should promise in consideration of what the other party had done and might thereafter do. Bu...
-Consideration Of Simple Contracts. Executed Considerations. Part 6
The modern rule appears to be that where the obligation is created by the law it makes no difference whether the party bound requested the performance of the so-called consideration or not. In other c...
-Consideration Of Simple Contracts. Executed Considerations. Part 7
(d) Pawle v. Gunn, 4 Bing. N. C. (63 E. C. L. E.) 445; Jones v. Orchard, 24 L. J. (C. P.) 229; 16 C. B. (81 E. C. L. E.) 614. (e) Driver v. Burton, 21 L. J. (Q. B.) 157; 17 Q. B. (79 E. C. L. E.) 98...
-Consideration Of Simple Contracts. Executed Considerations. Part 8
There is a fourth class of cases, in which the consideration relied on has been that one man has done for Smith v. Weed, 20 Wend. 184; Weld v. Nichols, 17 Pick. 588; Taylor v. Meek, 4 Blackf. 388. T...
-Consideration Of Simple Contracts. Executed Considerations. Part 9
(n) Jennings v. Brown, 9 M. & W. 501. (o) Kaye v. Dutton, 7 M. & Gr. (49 E. C. L. E.) 807. (p) 11 A. & E. (39 E. C. L. E.) 438, 447; Deacon v. Gridley, 24 L. J. (C. P.) 17; 15 C. B. (80 E. C. L. E.)...
-Consideration Of Simple Contracts. Executed Considerations. Part 10
(r) It seems, however, not to be illustrated in the case of a debt released by a discharge in bankruptcy; for it has been held on the construction of s. 49 of the now repealed Bankruptcy Act of 18C9 (...
-Consideration Of Simple Contracts. Executed Considerations. Part 11
It is well settled that in reference to all acts or contracts, which are unlawful on account of their immorality or their tendency to promote it, or because they are hostile to public policy, the part...
-Consideration Of Simple Contracts. Executed Considerations. Part 12
Nothing is better settled than that a promise in consideration of future illicit cohabitation is void : Walker v. Perkins, 3 Burr. 15G8; Rex v. Inhabitants of Withringfield, 1 B. & Ad. (20 E. C. L. R....
-Consideration Of Simple Contracts. Executed Considerations. Part 13
(m) Pearce v. Brookes, 35 L. J. (Ex.) 134; L. R. 1 Ex. 213. (n) 3 Q. B. D. 549, 551; 47 L. J. (Q. B.) 594, 595. See also Smith v. Sorby, 3 Q. B. D. 552, n. 1 Walker v. Gregory, 36 Ala. 180.-s. Next...
-Consideration Of Simple Contracts. Executed Considerations. Part 14
(s) Chesman v. Nainby, 2 Ld. Raym. 1456; 2 Stra. 739. (t) Tindal, C. J., Horner v. Graves, 7 Bing. (20 E. C. L. R.) 744. But see Tallis v. Tallis, 22 L. J. (Q. B.) 185. (u) Catt v. Tourle, L. E. 4 C...
-Consideration Of Simple Contracts. Executed Considerations. Part 15
(d) 5 T. R. 118. (e) Ward v. Byrne, 5 M. & W. 548, 561; and see Allsopp v. Wheatcroft, L E. 15 Eq. 59; 42 L. J. (Ch.) 12. Applying this rule and referring to the analogous authorities, it appears t...
-Consideration Of Simple Contracts. Executed Considerations. Part 16
(t) Mouflet v. Cole, L. R. 8 Ex. 32 (Ex. Ch.), S. C. 42 L. J. (Ex.) 8, affirming L. R. 7 Ex. 70; S. C. 41 L. J. (Ex.) 28; Duignan v. Walker, Johns. 446; 28 L. J. (Ch.) 867. (u) Young v. Timmins, 1 C....
-Consideration Of Simple Contracts. Executed Considerations. Part 17
Although the examples here given, and indeed by far the greater number of instances of contracts in restraint of trade, have been instances of restraint in time or place, the restraint which the law f...
-Lecture VI. Illegal Contracts. - Fraud. - Gaming And Horse-Racing. - Wagers
There is another remarkable instance of contracts falling under the class of which we have been treating -namely of illegality created by the rules of common law, which it will be right to specify bef...
-Illegal Contracts. - Fraud. - Gaming And Horse-Racing. - Wagers. Part 2
Where two persons apply to the Governor of the State to be appointed to the same office, and it is agreed that one of them shall withdraw his application and aid the other in procuring the appointment...
-Illegal Contracts. - Fraud. - Gaming And Horse-Racing. - Wagers. Part 3
1 Frost v. Belmont, 6 Allen, 152; Tool Company v. Norris, 2 Wall. 45.-s *Agreements to indemnify persons against the consequences of illegal acts fall within the same rule as contracts directly to ob...
-Illegal Contracts. - Fraud. - Gaming And Horse-Racing. - Wagers. Part 4
As to the legality, as distinguished from the policy and morality, of the practice, we find that while such arrangements have sometimes been held cham-pertous, and while they are always regarded with ...
-Illegal Contracts. - Fraud. - Gaming And Horse-Racing. - Wagers. Part 5
Agreements contravening the ends and objects of the enactments of the Legislature, or, as it is *most commonly expressed, the policy of those enactments, are void (c). And this class of illegality is ...
-Illegal Contracts. - Fraud. - Gaming And Horse-Racing. - Wagers. Part 6
At other times these expressions indicate a principle of law, which holds that no subject can lawfully do that which has a tendency to be injurious to the public, or against the public good (/). If th...
-Illegal Contracts. - Fraud. - Gaming And Horse-Racing. - Wagers. Part 7
(0) Taylor v. Ashton, 11 M. & W. 400; Barley v. Walford, 9 Q. B. (58 E. C. L. R.) 197; Barnes v. Pennell, 2 H. L. C. 497; Gerhard v. Bates, 22 L. J. (Q. B.) 367; 2 E. & B. (75 E. C. L. E.) 476; S. C. ...
-Illegal Contracts. - Fraud. - Gaming And Horse-Racing. - Wagers. Part 8
But a contract induced by fraud is not void, but voidable only at the option of the party defrauded (a). (a) See per Crompton, J., in Clarke v. Dickson, E. B. & E. (96 E. C. L. R.) 148, 154; 27 L. J....
-Illegal Contracts. - Fraud. - Gaming And Horse-Racing. - Wagers. Part 9
It would seem, however, that even in the latter case, there is no principle of law which forbids a defendant being made liable in an action on the case for negligence, which entirely meets the objecti...
-Illegal Contracts. - Fraud. - Gaming And Horse-Racing. - Wagers. Part 10
(d) Moyce v. Newington, 4 Q. B. D. 32; 48 L. J. (Q. B.) 125. See also Attenborough v. St. Katharine's Dock Co., 3 C. P. D. 450; Babcock v. Lawson, 4 Q. B. D. 394; 5 lb. 284; 48 L. J. (Q. B.) 524; 49 l...
-Illegal Contracts. - Fraud. - Gaming And Horse-Racing. - Wagers. Part 11
(r) Forster v. Taylor, 5 B. & Ad. (27 E. C. L. R.) 887. (s) Forster v. Taylor, 5 B. & Ad. (27 E. C. L. R.) 887; Taylor v. Crowland Gas. Co., 23 L. J. (Ex.) 254; 10 Ex. 293. (t) Cope v Rowlands, 2 M. &...
-Illegal Contracts. - Fraud. - Gaming And Horse-Racing. - Wagers. Part 12
(a) Pellecat v. Angell, 2 Cr. M. & R. 811. (b) As to contracts of which performance has become illegal after the making, see Brown v. Mayor of London, 30 L. J. (C. P.) 225; 31 L. J. (C. P.) 280, in E...
-Illegal Contracts. - Fraud. - Gaming And Horse-Racing. - Wagers. Part 13
On this side of the Atlantic, the authority of the older and overruled English eases has, however, been in many instances recognized and affirmed. Thus, in Carsan v. Rambert, 2 Bay, 560, it was held (...
-Illegal Contracts. - Fraud. - Gaming And Horse-Racing. - Wagers. Part 14
The later English cases were, however, cited with approbation, and followed in Perkins v. Savage, 15 Wend. 418; Branch Bank v. Crocheron, 5 Ala. 256; Wooten v. Miller, 7 Sm. & M. 386, and Duncan v. Co...
-Illegal Contracts. - Fraud. - Gaming And Horse-Racing. - Wagers. Part 15
Now it had always been supposed that the legality of horse-races depended on the 13 Geo. II., and that the Act of the 18th of the same reign was a subsidiary Act, and had merely the effect of taking o...
-Illegal Contracts. - Fraud. - Gaming And Horse-Racing. - Wagers. Part 16
But as actions on wagers of any kind were never favoured by the courts, they have at times gone so far as to hold all wagers to be invalid: Lewis v. Little-field, 15 Me. 233; Collamer v. Day, 2 Vt. 14...
-Illegal Contracts. - Fraud. - Gaming And Horse-Racing. - Wagers. Part 17
(x) Parsons v. Alexander, 24 L. J. (Q. B.) 277; 5 E. & B. (85 E. G. L. R.) 2G3. (y) Rosewarne v. Billing, 33 L. J. (C. P.) 56. Where money is deposited with a stakeholder to abide the event of any wa...
-Illegal Contracts. - Fraud. - Gaming And Horse-Racing. - Wagers. Part 18
(0 Coombes v. Dibble, L. R. 1 Ex. 243; 35 L. J. (Ex.) 167. (k) 3 Burr. 1905; 1 Smith, L. C. 550, 8th ed. This Act applies to all subjects of insurance except marine risk, and these are provided for ...
-Lecture VII. The Lord's Day Act. Simony. - Illegal Weights And Measures. - Contracts By Illegal Companies. Assignment Of Contracts. - Bills Of Exchange For Illegal Consideration. - Recovery Of Money Paid On Illegal Contracts
There are some other heads of statutable illegality which are frequently set up as affording an answer to any attempt to enforce contracts vitiated by them. I directed your attention on the last occas...
-The Lord's Day Act. Simony. - Illegal Weights And Measures. - Contracts By Illegal Companies. Assignment Of Contracts. - Bills Of Exchange For Illegal Consideration. - Recovery Of Money Paid On Illegal Contracts. Part 2
In Specht v. The Commonwealth, 8 Pa. St. 313, it was held, affirming the previous decision of Commonwealth v. Wolf, 3 S. & R. 47, that the Pennsylvania Lord's Day Act was not at variance with the prov...
-Illegal Weights And Measures. Contracts By Illegal Companies. Part 3
But perhaps the second point illustrated by these cases is put in the clearest light by those of Drury v. De Fontaine (g) and Fennell v. Ridler (h), in the former of which cases it was considered that...
-Illegal Weights And Measures. Contracts By Illegal Companies. Part 4
The other statute is that of 12 Anne, stat. 2, c. 12, sect. 2 of which enacts in effect that if any person, for money or profit, shall procure in his own name, or in the name of any other, the next pr...
-Illegal Weights And Measures. Contracts By Illegal Companies. Part 5
(v) Cro. Jac. 248. (x) 1 East. 487. (y) 4 T. R. 78. (z) lb. 359. (a) 4 M. & Sel. 66. Fletcher v. Lord Sondes (b), under the following circumstances. An action was brought in the King's Bench by L...
-Illegal Weights And Measures. Contracts By Illegal Companies. Part 6
(g) This statute would seem not to apply to contracts to be performed abroad, but only to contracts where the goods are to be weighed or measured in this country. See Rosseter v. Cahlmann, 8 Ex. 361; ...
-Illegal Weights And Measures. Contracts By Illegal Companies. Part 7
(not purporting to be by way of charge only), of any debt or other legal chose in action, of which express notice in writing shall have been given to the debtor, trustee, or other person from whom the...
-Illegal Weights And Measures. Contracts By Illegal Companies. Part 8
There is one other point which I will notice before altogether leaving the head of illegality. I have hitherto spoken of illegality as avoiding a contract, and of course operating by way of defence to...
-Illegal Weights And Measures. Contracts By Illegal Companies. Part 9
(q) Williams v. Hedley, 8 East, 378. (r) 6 M. & Selw. 160; Atkinson v. Denby, 31 L. J. (Ex.) 362; 7 H. & N. 934, Ex. Ch. 21 321 the plaintiff to pay it. The Court decided that the plaintiff might re...
-Lecture VIII. Parties To Contracts. Infants. Married Women
The next branch of the subject relates to the parties to the contract. Now, this you will at once perceive, involves a double consideration. First, regarding the ability of the parties to the contrac...
-Parties To Contracts. Infants. Married Women. Part 2
In Peters v. Fleming, the plaintiff, who was a jeweller, brought an action of debt against an infant who pleaded his infancy by way of defence; the plaintiff replied that the goods, for the price of w...
-Parties To Contracts. Infants. Married Women. Part 3
The board of an infant is included among the necessaries, for which he may pledge his credit: Bradley v. Pratt, 23 Vt. 378. Circumstances may exist which would render a home suitable to an infant's fo...
-Parties To Contracts. Infants. Married Women. Part 4
(k) Barnes v. Toye, 13 Q. B. D. 410. (l) Turner v. Trisby, 1 Str. 168. (m) 13 M. & W. 252. 1 In the case of Barnes v. Toye, supra, the Queen's Bench Division dissented from Ryder v. Wombwell, L. B. 3...
-Parties To Contracts. Infants. Married Women. Part 5
But although a recovery may not be had upon a note given by an infant for necessaries, yet the mere fact of the note having been given, will not of course preclude the plaintiff from recovering the va...
-Parties To Contracts. Infants. Married Women. Part 6
(e) Ex parte Jones, In re Jones, 18 Ch. Div. 109; 50 L. J. (Ch.) 673; R. v. Wilson, 5 Q. B. D. 28; 49 L. J. (M. C.) 13; Belton v. Hodges, 9 Bing. (23 E. C. L. R.) 365. Where, however, there has been a...
-Parties To Contracts. Infants. Married Women. Part 7
(ii) Southerton v. Whitelock, 1 Str. 690. (iii) Shep. Touch. 268; Ashfield v. Ashfield, Sir W. Jones, 157. (iv) Ketsey's case, Cro. Jac 320; Holmes v. Blogg, 8 Taunt. (4 E. C. L. E.) 35. See ex parte...
-Parties To Contracts. Infants. Married Women. Part 8
Now, then, such being the effect of an infant's contracts with regard to the infant himself, it remains only to say a word or two as to the effect of those which are still voidable on the other *contr...
-Parties To Contracts. Infants. Married Women. Part 9
Now a contract by or with a married woman is one of two sorts: it is either a contract which she entered into before her marriage, and which continued in existence afterwards; or it is a contract whic...
-Parties To Contracts. Infants. Married Women. Part 10
During the marriage the husband might, as I have said, sue or be sued upon his wife's contracts, made while she was a single woman; but if he sued he must join her as a co-plaintiff; and if he were su...
-Parties To Contracts. Infants. Married Women. Part 11
(u) See per Lush, J., in Tomlinson v. Bullock, 4 Q. B. D. 230, 232; 48 L. J. (M. C.) 95, 96. See also Wilberforce on Statutes, Ch. IV., The Operation of Statutes, p. 154. 1 But this decision of Lor...
-Parties To Contracts. Infants. Married Women. Part 12
(d) I.e., to dispose of it by will or otherwise in the same manner as if she were a. feme sole. See s. 1, sub-s. (1). (e) By s. 24, the word 'property' in this Act includes a thins: in action. (f) ...
-Parties To Contracts. Infants. Married Women. Part 13
The deed of a married woman is void : Matthews v. Puffer, 19 N. H. 448; Concord v. Bellis, 10 Cush. 276; Chandler v. McKinney, 6 Mich. 217; Clyde v. Keister, 1 Grant, 465; 32 Pa. St. 85. A woman after...
-Parties To Contracts. Infants. Married Women. Part 14
Now, so far with regard to a married woman's right to bind herself by contracts. But, with regard to her power of taking advantage of contracts made by other persons with her, the rule is somewhat dif...
-Parties To Contracts. Infants. Married Women. Part 15
In a very recent case in the Exchequer, Messenger v. Clarke, 5 Exch. 388, a wife who lived apart from her husband, purchased stock in her maiden name, out of the allowance made to her by him, and havi...
-Parties To Contracts. Infants. Married Women. Part 16
(d) See, as to those words including the stock in trade and capital necessary for the making of those wages and earnings, Ashworth v. Outram, 5 Ch. Div. 923; 46 L. J. (Ch.) 687. (e) As to what amount...
-Parties To Contracts. Infants. Married Women. Part 17
But what is the extent of the remedy where the contract has been made since the end of the year 1882 ? *In this case the married woman may be sued alone, but her liability is limited to her separate ...
-Lecture IX. Parties To Contracts. - Insane Persons. - Intoxicated Persons. - Aliens. - Convicts. - Corporations. - Public Companies. - The Mode In Which Competent Persons Contract. - Agents. - Partners
Pursuing the inquiry upon which I entered in the last Lecture with regard to the competency of the parties to Contracts, and having disposed of the cases of Infancy and Coverture, the next in order is...
-Parties To Contracts. - Insane Persons. - Intoxicated Persons. - Aliens. - Convicts. - Corporations. - Public Companies. - The Mode In Which Competent Persons Contract. - Agents. - Partners. Part 2
As far as we are aware, this is the first case in which it has been broadly contended that the executed contracts of a lunatic must be dealt with as absolutely void, however entered into, and althoug...
-Parties To Contracts. Insane Persons. Corporations. Public Companies. Part 3
The law upon the subject has also been reviewed by the Court of Exchequer in the case of Molton v. Cam-roux (k). This was an action for money had and received, brought by the administration of an inte...
-Parties To Contracts. Insane Persons. Corporations. Public Companies. Part 4
A person mentally incapable of entering into a contract cannot contract a valid marriage; but it must appear beyond question that the party was an absolute lunatic, and even in this case the contract ...
-Parties To Contracts. Insane Persons. Corporations. Public Companies. Part 5
Drunkenness does not render a deed made under its influence absolutely void, but only voidable: so long as the grantor in the deed acquiesces in it, it cannot be impeached by third persons on the grou...
-Parties To Contracts. Insane Persons. Corporations. Public Companies. Part 6
In the well-known case of Griswold v. Waddington, 15 Johns. 57, in error, 16 lb. 438-510, the whole law upon the subject of contracts with alien enemies was elaborately examined in an able opinion by ...
-Parties To Contracts. Insane Persons. Corporations. Public Companies. Part 7
This general rule, however, has from the earliest traceable periods been subject to exceptions,1 the decisions as to which furnish the principle on which they have been established, and are instances ...
-Parties To Contracts. Insane Persons. Corporations. Public Companies. Part 8
(l) The Mayor of Ludlow v. Charlton, ante, p. *370. (m) 20 L. J. (Ex.) 401; 6 Ex. 927, S. C. (n) See Bro. Abr. Corp. K.; and in Horn v. Ivy, 1 Vent. 47. (o) 5 M. & Gr. (44 E. C. L. R.) 192. (p) 6 ...
-Parties To Contracts. Insane Persons. Corporations. Public Companies. Part 9
(x) The Governor and Company of Copper Miners of England v. Fox, 16 Q. B. (71 E. C. L. E.) 229; 20 L. J. (Q. B.) 174. Southern Ins. Co v. Lanier, 5 Fla. 110; Holland v. San Francisco, 7 Cal. 361; Coe...
-Parties To Contracts. Insane Persons. Corporations. Public Companies. Part 10
(a) Sect. 85 of the now repealed Public Health Act, 1848 (11 & 12 Vict., c. 63), contained a similar provision as to local boards, where the value or amount exceeded 10. (b) Young v. Corporation o...
-Parties To Contracts. Insane Persons. Corporations. Public Companies. Part 11
(d) Smith's Mercantile Law, 6th ed., by Dowdeswell, p. 59; and see p. 56, 9th ed. (e) Holmes v. Higgins, I B. & C. (8 E. C. L. R.) 74; Wilson v. Curzon, 15 M. & W. 532. (f) 4 Exch. 699; 22 L. J. (Ch...
-Parties To Contracts. Insane Persons. Corporations. Public Companies. Part 12
2 See ante, p. *6, note 2. (p) Harvey v. Kay, 9 B. & C. (17 E. C. L. R.) 356. (q) Ridley v. Plymouth Baking Co., 17 L. J. (Ex.) 252; 2 Ex. 711, S. C. See Howbeach Coal Co. v. Teague, 5 H. & N. 151; ...
-Parties To Contracts. Insane Persons. Corporations. Public Companies. Part 13
(u) 10 B. & C. (21 E. C. L. R.) 128. With regard to the borrowing of money, unless it be part of the ordinary business of the company, as it would be of a banking company (x), or express powers be gi...
-Parties To Contracts. Insane Persons. Corporations. Public Companies. Part 14
(f) Att.-Gen. v. Great Eastern Ry. Co , 5 App. Cas.473; 49 L. J. (Ch.) 545. (g) See on the subject of contracts ultra vires of companies, Lindley on Partnership, Bk. ii. c. 1. s. 2, pp. 249-253, 4th e...
-Parties To Contracts. Insane Persons. Corporations. Public Companies. Part 15
Preserving the forms thus required, a joint stock company may enter into any lawful contracts requisite to attain the objects for which it was established. Bearing in mind what has been said of the il...
-Parties To Contracts. Insane Persons. Corporations. Public Companies. Part 16
Now the considerations on which I shall have occasion to touch, relate to one of four points into which what I have to say on this subject may be (p) Combe's case, 9 Co. 76 b.; Cobb v. Becke, 6 Q. B....
-Parties To Contracts. Insane Persons. Corporations. Public Companies. Part 17
(y) Bird v. Boulter, 4 B. & Ad. (24 E. C. L. R.) 443. 426 in his (the shopkeeper's) book, a memorandum of the transaction, and thereupon made the following - Of North &Co., 30 matsmaurs, at 71s.,-cas...
-Parties To Contracts. Insane Persons. Corporations. Public Companies. Part 18
(e) See Fenn v. Harrison, 3 T. R. 757; 4T.E. 177. Authority to collect a note, has none to take a sealed note for the amount, and there will be no merger of the original debt: McCulloch v. McKee, 16 ...
-Parties To Contracts. Insane Persons. Corporations. Public Companies. Part 19
(g) Edmunds v. Bushell, L. E. 1 Q. B. 97; 35 L. J. (Q. B.) 20. Now the reason for this distinction between the case of a general and particular agent is very clear and simple: it is, that the public ...
-Parties To Contracts. Insane Persons. Corporations. Public Companies. Part 20
(i) 5 Esp. 76. (k) Trueman v. Loder, 11 A. & E. (39 E. C. L. R.) 593. {I) lb. 589. The case of Pickering v. Busk (m) is in accordance with the same rule. There a broker in London, engaged in the hem...
-Parties To Contracts. Insane Persons. Corporations. Public Companies. Part 21
But although, if a person employs a broker to transact business for him upon a market with the usages of which he, the principal, is unacquainted, he gives authority to the broker to make contracts *u...
-Parties To Contracts. Insane Persons. Corporations. Public Companies. Part 22
Many cases also occur where there is no such con(z) 2 M. & W. 172. See Cockerell v. Aucompte, 2 C. B. (N. S.) (89 E. C. L. R.) 440; 26 L.J. (C. P.) 194. 1 And therefore it has been held, that where t...
-Lecture X.Principal And Agent. - Their Respective Liabilities. - Agency Of Partners, Brokers, Factors, Wives. - Recapitulation. - Remedies By Action. - Statutes Of Limitation
Pursuing the consideration of the points arising upon contracts made through the medium of agents, and having disposed of most of those which relate to the liability of the principal upon them, the ne...
-Principal And Agent. - Their Respective Liabilities. - Agency Of Partners, Brokers, Factors, Wives. - Recapitulation. - Remedies By Action. - Statutes Of Limitation. Part 2
(e) 2 Geo. II., c. 22; now repealed by 46 & 47 Vict., c. 49, 8. 4, but see 88. 5, 7, of the latter Act. (f) 4 B. & C. (10 E. C. L. E.) 553. (g) 1 M. & W. 591. See, however, the remarks on this case ...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 3
Brown v. Rundlett, 15 N. H. 360; Hovey v. Pitcher, 13 Mo. 191; Hyde v. Paige, 9 Barb. 150; Johnson v. Smith, 21 Conn. 627; Ogden v. Raymond, i2 lb. 379; Sydnor v. Hurd, 8 Tex. 98. In simple contracts,...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 4
(u) Mahoney v. KekulS, 23 L. J. (C. P.) 54; 14 C. B. (78 E. C. L. R.) 390, S C (v) Green v. Koptree, 25 L. J. (Ch.) 297; Deslandes v. Gregory, 20 L. J. (Q. B.) 93; S. C. in Ex. Ch., 30 L. J. (Q. B.)...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 5
2 Burrell v. Jones, 3 B. & Ald. 47; Sumner v. Williams, 8 Mass. 162; Bel-den v. Seymour, 8 Conn. 24; Whiting v. Dewey, 15 Pick. 433; Donahoe v. Emery, 9 Mete. 66; Mason v. Caldwell, 5 Gilm. 196. It ha...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 6
(d) L. E. 7 Q. B. 598, 604; 41 L. J. (Q. B.) 253, 256. (e) Heald v. Kenworthy, 10 Exch. 739; 24 L. J. (Ex.) 76 (f) L. R. 7 Q. B. 609, 610; 41 L. J. (Q. B.) 259. An agent making and signing a contrac...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 7
As a general rule, nothing is better settled than that the general power of a partner does not extend so far as to enable him to bind the firm by a specialty : Van Deusen v. Blum, 18 Pick. 229; Clemen...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 8
(b) 5 Q. B. (48 E. C. L. R.) 833. (c) 1 B. & Ad (20 E. C. L. R.) 398. (d) Bonfield v. Smith, 12 M. & W. 405. The result is, that the liability arising from the naked fact of partnership is prima fac...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 9
Where bills are drawn by partners in trade, the general authority implied by the custom of merchants binds each partner; but not so where the partnership is not of a commercial nature, such as that of...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 10
A remarkable variation from the usual course of business obtains in the case of insurance brokers. By these persons subscriptions to a policy of assurance are almost always procured; to them the under...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 11
*It has, however, long been the practice for the factor not merely to sell the goods when they come into his possession, but also to make advances to the owner on the security of them, or incur liabil...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 12
(f) Cole v. North Western Bank, L. E. 9 C. P. 470, 43 L. J. (C. P.) 194, affirmed in Ex. Ch., L. R. 10 C. P. 354, 44 L. J. (C. P.) 233. (g) Wood v. Rowcliffe, 6 Hare, 191. See, also, Baines v. Swains...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 13
(3.) Where any goods have been sold, and the vendor or any person on his behalf continues or is in possession of the documents of title thereto, any sale, pledge, or other disposition of the goods or...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 14
(s) Lickbarrow v. Mason, supra. (t) As to what the words documents of title embrace, see 5 & 6 Vict., c. 39, s. 4. Before leaving the subject of contracts by agents, I will advert to the topic whi...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 15
Now, with regard to the question what are necessaries, it is a question which always and obviously depends upon the circumstances of the particular case under discussion for the time being. Servants, ...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 16
1 When a party has been expressly forbidden to give credit to a wife, in order to render the husband liable for subsequent supplies, it is incumbent on the party so forbidden to show affirmatively and...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 17
(n) 5 Q. B. D. 394 (C. A.); 6 App. Cas. 24 (H. L.); 49 L. J. (Q. B., etc.) 497; 50 lb. 155. (o) Jolly i'. Rees, 15 C. B. N. S. (109 E. C. L. E.) 628, 640; 33 L. J. (C. P.) 177, 179. (p) See ante, p....
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 18
(z) Clifford v. Laton, M. & M. (22 E. C. L. R.) 101; see also Richardson v. Du Bois, L. R. 5 Q B. 51, 39 L. J. (Q. B.) 69. (a) Eastland v. Burchell, 3 Q. B. D. 432; 47 L. J. (Q. B., etc.) 500. (b) H...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 19
(e) 10 A. & E. (37 E. C. L. E) 47. (f) 5 A. & E. (31 E. C. L. R.) 755. (g) Brown v. Ackroid, 25 L. J. (Q. B.) 193; 5 E. & B. (85 E. C. L. R.) 819, 826; per Lord Campbell, C. J. (h) Wilson v. Ford, L...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 20
(n) See ante, p. *4. If the record create a debt, that is, render a sum certain payable by the one party to the other, an action in the ordinary form will lie to enforce payment, if the plaintiff pre...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 21
It will be observed that the periods of limitation begin to run from the accruing of the cause of such actions or suits; and for this reason, where it is sought to investigate the question when a caus...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 22
1 Statutes like that of 3 & 4 Wm. IV., c. 42, have been enacted in Maine, Massachusetts, New York, Mississippi, Arkansas, and perhaps in some of the other States: Colburn v. Averill, 30 Me. 310; Willi...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 23
In the fourth place, if there have been a part payment, either of principal or interest, the time runs from such payment: this is by sect. 5 of 3 & 4 Will. IV., c. 42; and also by sect, 8 of 37 & 38 V...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 24
(d) Lafond v. Raddock, 22 L. J. (C. P.) 217; 13 C. B. (76 E. C. L. R.) 813, & C; Strithorst v. Graeme, 3 Wila. 145; Williams v. Jones, 13 East, 439. (e) See Cornill v. Hudson, 27 L. J. (Q. B.) 8; 8 E...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 25
No part of Lord Tenterden's Act has given rise to more litigation than this saving clause; but it is now settled that the acknowledgment, in order to bar the Statute of Limitations, must, except in th...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 26
The case of Waters v. Earl of Thanet (d), where the defendant gave an acknowledgment of certain overdue bills of exchange in a memorandum thus worded: I hereby debar myself of all future plea of the ...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 27
(k) In re River Steamer Co., supra, per Mellish, L. J., at p. 828. See also, as to the duty of the plaintiff to show that the condition has been performed, per Pollock, C. B., in Hart v. Prendergast, ...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 28
(c) Morgan v. Rowlands, L. E. 7 Q. B. 493; 41 L. J. (Q. B.) 187. 532 payment, if the party against whom it is set off did not object to it when his account was settled (d). The principle of this is, t...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 29
(n) Cleave v. Jones, 20 L. J. (Exch.) 238; 6 Exch. 573, S. C. in Exch. Ch. 1 Upon the effect of payment of part, either principal or interest, see Arnold v. Downing, 11 Barb. 554; Smith v. Simms, 9 G...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 30
(u) Nielson v. Harford, 8 M. & W. 823. See Smith v. Thompson, 8 C. B. (65 E. C. L. R.) 44; Skull v. Glenister, 33 L. J. (C. P.) 185. 703; Hunter v. Anthony, 8 Jones, 385; Rose v. Roberts, 9 Minn. 119...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 31
(d) 2 B. & Ad. (22 E. C. L. R.) 278. But in that case the question related to two houses only, which were mortgaged, and the deed reciting that the mortgagor was legally or equitably entitled to the ...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 32
(f) 1 Burr. 290. It is not necessary for me to consider the question as to whether a covenant could have been implied from the words of the deed, if there had been no express covenant. I proceed on ...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 33
(g) Piggott v. Stratton, 29 L. J. (Ch.) 1. (h) 11 Q. B. (63 E. C L. R.) 454. To get at the intention of covenants it is not necessary to look for any technical form of words. The principles upon wh...
-Principal And Agent Liabilities. Agency Of Partners, Brokers. Part 34
It is obvious, that, if the whole of the agreement is to be considered, the place where it was made (o), the time when, the objects of the parties, and the department of science and art, trade or comm...









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