Reports of Cases Decided in the Court of Common Pleas ..., Том 5H. Rowsell, 1856 |
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Страница 15
... defendant of the covenant in the said second count mentioned ; that the plea is double and multifarious , in ... defendant's covenant . To seventh plea to second count - On the grounds of dupli- city in alleging that no lease or ...
... defendant of the covenant in the said second count mentioned ; that the plea is double and multifarious , in ... defendant's covenant . To seventh plea to second count - On the grounds of dupli- city in alleging that no lease or ...
Страница 17
... defendant's refusal to grant or execute a lease alleged . 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 ...
... defendant's refusal to grant or execute a lease alleged . 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 ...
Страница 20
... defendant to grant and execute a lease , or the tender of a lease , for execution , or the making thereof by the defendant , as a condition precedent to or concurrent with the defendant's obligation to deliver , or the plaintiff's right ...
... defendant to grant and execute a lease , or the tender of a lease , for execution , or the making thereof by the defendant , as a condition precedent to or concurrent with the defendant's obligation to deliver , or the plaintiff's right ...
Страница 21
... plaintiff's covenants and agreements , and not their performance , constitute the consideration for the defendant's covenants . The lease and the rents to be reserved therein were prospective . The defendant bound himself to execute a ...
... plaintiff's covenants and agreements , and not their performance , constitute the consideration for the defendant's covenants . The lease and the rents to be reserved therein were prospective . The defendant bound himself to execute a ...
Страница 23
... defendant's neglect and refusal to deliver the staves , & c . The defendant does not aver that he was ready on his part , or that the plaintiff was not ready and willing as he alleged ; but avers that the plaintiff did not secure him ...
... defendant's neglect and refusal to deliver the staves , & c . The defendant does not aver that he was ready on his part , or that the plaintiff was not ready and willing as he alleged ; but avers that the plaintiff did not secure him ...
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accepted accretion acres action aforesaid afterwards agreement Allan McDonell alleged amount assignment assumpsit bank bankrupt bankruptcy barrels bill bond booms breach broken front by-law Carouge chains Cobourg consideration contended contingency contract conveyed corporation court covenant creditors damages debt declaration deed defendant defendant's degrees west delivered delivery demurrer east endorsed entitled evidence execution executors fact flour free on board grant held Helliwell & Sons indenture Indian Cove issue John Webster judgment June jury lake Ontario land lease liable Lower Canada MACAULAY McDonell mentioned mortgage municipality nonsuit owner paid parties payable payment person Peterboro plaintiff plea pleaded Port Hope possession premises promissory notes proved question raft Railway rule sheriff shewed cause shore sold statute street surety taxes therein thereof Toronto township trespass trial Upper Canada verdict water's edge Winans writ
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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.