Cases Argued and Determined in the Court of Common Pleas and in the Exchequer Chamber: From 1856 ... [to 1865]

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T. & J.W. Johnson & Company, 1857
 

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Страница 188 - 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, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
Страница 604 - ... is the language of the law. Though he may use the water while it runs over his land, he cannot unreasonably detain it, or give it another direction, and he must return it to its ordinary channel when it leaves his estate. Without the consent of the adjoining proprietors, he cannot divert or diminish the quantity of water which would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above, without a grant or an uninterrupted enjoyment of twenty years, which...
Страница 604 - ... without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment.
Страница 304 - It has been contended that that is erroneous, and that it should have been left to the jury to say whether there was any such implied contract.
Страница 316 - Olyn, for the plaintiff, contended that, under the 87th section of the Common Law Procedure Act 1854 (17 & 18 Viet. c. 125...
Страница 450 - ... no such company shall make or give any undue or unreasonable preference or advantage to or in favour of any particular person or company, or any particular description of traffic, in any respect whatsoever...
Страница 113 - Judge reserved leave to the defendant to move to enter the verdict for him if the Court should be of opinion that...
Страница 38 - ... if the qualification consist of a rent-charge, then the names of the owners of the property out of which such rent is issuing, or some of them, and the situation of the property.
Страница 524 - ... appear in such copy or extract without proof of the signature thereto or of the seal of office affixed thereto...
Страница 304 - And it is further submitted, that it is an invariably true proposition, that, wherever one of the parties to a special contract not under seal has. in an unqualified manner, refused to perform his side of the contract, or has disabled himself from performing it by his own act, the other party has, thereupon, a right to elect to rescind it, and may, on doing so, immediately sue on a quantum meruit for anything which he had done under it previously to the rescission ; this it is apprehended is established...

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