 | Theodore Sedgwick - 1852 - 722 страници
...part performance, he is entitled so to do, and in such case, is not liable to be charged. unless he has before assented to and accepted of what has been done, however n:-<the other party may have done towards the performance. lie has, in such case, received nothing,... | |
 | Theodore Sedgwick - 1858 - 778 страници
...part performance, he is entitled so to do, and in such case is not liable to be charged, unless he has before assented to and accepted of what has been...whole, and, having actually received nothing, the law cannot and ought not to raise an implied promise to pay. " But where the party receives value, takes... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1859 - 654 страници
...performance, he is entitled to do so, and, in such case, he is not liable to be charged, unless he has before assented to and accepted of what has been...other party may have done towards the performance. * * * But where the party receives value, takes and uses the materials, or has advantage from the labor,... | |
 | Thomas Whitney Waterman - 1869 - 800 страници
...such case is not liable to be charged, unless he has before assented to, and accepted of, what,has been done, however much the other party may have done...whole; and having actually received nothing, the law cannot and ought not to raise an implied promise to pay. But where the party receives value, takes... | |
 | William Albert Keener - 1888 - 1234 страници
...part performance, he is entitled so to do, and in such case is not liable to be charged, unless he has before assented to and accepted of what has been...whole, and having actually received nothing the law cannot and ought not to raise an implied promise to pay. But where the party receives value, — takes... | |
 | Floyd Russell Mechem - 1889 - 1086 страници
...part performance, he is entitled so to do, and in such case is not liable to be charged, unless he has before assented to and accepted of what has been...whole, and having 'actually received nothing, the law cannot and ought not to raise an implied promise to pay. But where the party receives value, takes... | |
 | Theodore Sedgwick, Arthur George Sedgwick - 1891 - 764 страници
...part performance, he is entitled so to do, and in such case is not liable to be charged, unless he has before assented to and accepted of what has been done, however much the other party may have done toward the performance. He has, in such case, received nothing, and having contracted to receive nothing... | |
 | Floyd Russell Mechem - 1902 - 788 страници
...part performance, he Is entitled so to do, and In such case Is not liable to be charged, unless he has before assented to and accepted of what has been...whole, and having actually received nothing the law cannot and ought not to raise an Implied promise to pay. But where the party receives value, takes... | |
 | William Lawrence Clark, Henry Heckerman Skyles - 1905 - 1210 страници
...towards the performance, unless the principal has before assented to and accepted what has been done.183 "He has, in such case, received nothing, and having...was only to pay on receiving the whole, and having Term R. 570; Ritchie v. Atkinson, 10 East, 295; Burn v. Miller, 4 Taunt. 745. It is easy, If parties... | |
 | Edwin Hamlin Woodruff - 1905 - 718 страници
...part performance, he is entitled so to do, and in such case is not liable to be charged, unless he has before assented to and accepted of what has been done, however much the other party may have done toward the performance. He has in such case received notl1ing, and having contracted to receive nothing... | |
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If on such failure to perform the whole, the nature of the contract be such that the employer can reject what has been done, and refuse to receive any benefit from the part performance, he Is entitled so to do, and In such case Is not liable to be charged,... 
