Cyclopedia of Law ...American Correspondence School of Law, 1912 |
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acceptance agent agree agreement alleged amount Anson on Cont answer appears application arising ascer assent assignment assumpsit authority benefit bill binding bound breach champerty charge cited claim common law consideration court court of equity creditors Cyclopedia of Law damages debtor defendant defendant's delivered discharge dissolution Dodds effect enforce entitled equity evidence executed existence express fact firm property give held illegal implied contract instrument intention interest John Doe joint Jones judgment jury land law merchant letter liability limited partnership Mass Mechem ment mistake mutual non est factum notice obligation offer Ohio opinion paid parol parties partner partnership payment performance plaintiff plaintiff in error principle profits promise to pay promissory note purchase question reason received recover regard Rovegno rule seal sell signed sold statute of frauds suit third persons ticket tiff tion tract transaction unless valid void writing
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Страница 26 - ... if, whatever a man's real intention may be, he so conducts himself that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its truth...
Страница 142 - ... the law operating on the act of the parties creates the duty, establishes a privity, and implies the promise and obligation on which the action is founded.
Страница 270 - The seventeenth section enacts that no contract for the sale of any goods, wares, or merchandise for the price of £10 sterling or upwards shall be allowed to be good except the buyer shall accept part of the goods so sold and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
Страница 110 - ... assumpsit, for money had and received by the defendant to the plaintiff's use...
Страница 74 - ... unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the party to be charged therewith, or some other person thereunto...
Страница 215 - This, no doubt, is in general a sufficiently accurate test; for a right to participate in profits affords cogent, often conclusive, evidence that the trade in which the profits have been made was carried on in part for or on behalf of the person setting up such a claim. But the real ground of the liability is that the trade has been carried on by persons acting on his behalf.
Страница 74 - 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 miscarriages of another person...
Страница 59 - But every one has a right to select and determine with whom he will contract, and cannot have another person thrust upon him without his consent. In the familiar phrase of Lord Denman, '• you have the right to the benefit you anticipate from the character, credit, and substance of the party with whom you contract.
Страница 138 - To give a third party, who may derive a benefit from the performance of the promise, an action, there must be, first, an intent by the promisee to secure some benefit to the third party, and. second, some privity between the two, the promisee and the party to be benefited...
Страница 79 - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...