Reports of Cases Decided in the Court of Common Pleas ..., Том 5H. Rowsell, 1856 |
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Страница 11
... declaration on the covenant to deliver the staves , & c . , without averring a request for or a grant of the lease , is good on general demurrer . Held , also , that the declaration , containing an averment that the time for the giving ...
... declaration on the covenant to deliver the staves , & c . , without averring a request for or a grant of the lease , is good on general demurrer . Held , also , that the declaration , containing an averment that the time for the giving ...
Страница 15
... declaration , the matters therein alleged not being conditions precedent to the performance by defendant of the covenant in the said second count mentioned ; that the plea is double and multifarious , in alleging that defendant was not ...
... declaration , the matters therein alleged not being conditions precedent to the performance by defendant of the covenant in the said second count mentioned ; that the plea is double and multifarious , in alleging that defendant was not ...
Страница 17
... declaration treats that part of the agreement respecting the lease as independent ; and , consistently with the declaration , a written demand of a lease may have been made and a lease refused , or a lease may have been offered by the ...
... declaration treats that part of the agreement respecting the lease as independent ; and , consistently with the declaration , a written demand of a lease may have been made and a lease refused , or a lease may have been offered by the ...
Страница 19
... same , and that the first count is good . As to the second count , the agreement as set out on oyer , whereby it becomes part of the declaration , varies from the day laid in that count as the day on which LEONARD V. WALL . 19.
... same , and that the first count is good . As to the second count , the agreement as set out on oyer , whereby it becomes part of the declaration , varies from the day laid in that count as the day on which LEONARD V. WALL . 19.
Страница 20
... declaration . Its being laid under a videlicet does not obviate the objection ; for the day laid imports the day of the date , and when exhibited on oyer the real date does not correspond ; and if identity was neverthe- less to be ...
... declaration . Its being laid under a videlicet does not obviate the objection ; for the day laid imports the day of the date , and when exhibited on oyer the real date does not correspond ; and if identity was neverthe- less to be ...
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Страница 413 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.
Страница 367 - Now, if the special circumstances under which the contract was actually made were communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Страница 449 - Each shareholder shall be individually liable to the creditors of the company to an amount equal to the amount unpaid on the stock held by him...
Страница 410 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels hereafter made, which shall not be accompanied by an immediate delivery, and be followed by an actual and continued change of possession...
Страница 412 - ... that where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Страница 475 - It seems to me quite evident that the testator did not intend to die intestate as to any part of his property.
Страница 450 - It shall be lawful for the trustees to call in and demand from the stockholders respectively, all such sums of money by them subscribed, at such times, and in such payments or instalments as...
Страница 411 - Every mortgage filed in pursuance of this act shall cease to be valid as against the creditors of the person making the same, or against subsequent purchasers or mortgagees in good faith, after the expiration of one year from the filing thereof; unless, within thirty days next preceding the expiration of the said term of one year, a true copy of such mortgage, together with a statement...
Страница 108 - Manner directed by the Act passed in the Session holden in the Fourteenth and Fifteenth Years of the Reign of Her Majesty Queen Victoria, Chapter Ninety-three, intituled An Act to consolidate and amend the Acts regulating the Proceedings of Petty Sessions, and the Duties of Justices of the Peace out of Quarter Sessions in Ireland, or any Act passed for the Amendment of the above-mentioned Acts.
Страница 367 - ... 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.