Reports of Cases Argued and Determined in the English Courts of Common Law: With Tables of the Cases and Principal Matters, Volume 98T. & J.W. Johnson, 1871 - Law reports, digests, etc |
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Results 1-5 of 86
Page 51
... rule thus far , viz . , so far as regards their claim for demurrage at the rate of 7. per day for the time during which the captain delayed the loading of the ship , and , as the defendants contend , wrongfully and in defiance of his ...
... rule thus far , viz . , so far as regards their claim for demurrage at the rate of 7. per day for the time during which the captain delayed the loading of the ship , and , as the defendants contend , wrongfully and in defiance of his ...
Page 53
... rule on the ground that the action is misconceived , because we are of opinion that if the contract was a special contract for the payment of a specific sum on the happening of a given event , the mo- ment that event happened , the ...
... rule on the ground that the action is misconceived , because we are of opinion that if the contract was a special contract for the payment of a specific sum on the happening of a given event , the mo- ment that event happened , the ...
Page 55
... rule laid down by Lord Ellenborough in Davidson v . Gwynne , 12 East 381 , is , that , unless the non - performance alleged in breach of the contract goes to the whole root and considera- tion of it , the covenant broken is not to be ...
... rule laid down by Lord Ellenborough in Davidson v . Gwynne , 12 East 381 , is , that , unless the non - performance alleged in breach of the contract goes to the whole root and considera- tion of it , the covenant broken is not to be ...
Page 65
... rule . Upon the whole , I feel compelled to hold that the rule must be discharged . BYLES , J. ( a ) -I am of the same opinion . It is unnecessary to say what would have been our decision upon the declaration as it now stands . This ...
... rule . Upon the whole , I feel compelled to hold that the rule must be discharged . BYLES , J. ( a ) -I am of the same opinion . It is unnecessary to say what would have been our decision upon the declaration as it now stands . This ...
Page 67
... rule as to both points . There is one further observation which I wish to make upon Glaholm v . Hays , 2 M. & G. 257 ( E. C. L. R. vol . 40 ) , 2 Scott N. R. 471 , and the other cases cited upon the first point . Where a charter - party ...
... rule as to both points . There is one further observation which I wish to make upon Glaholm v . Hays , 2 M. & G. 257 ( E. C. L. R. vol . 40 ) , 2 Scott N. R. 471 , and the other cases cited upon the first point . Where a charter - party ...
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Common terms and phrases
9 Vict act of parliament action aforesaid agreed agreement alleged amount appears applied arbitrator assignment attorney authority award bill of exchange BYLES cause charter-party claim Clauses commissioners Common Law contract costs covenant creditors damages debt decision declaration deed defendant defendant's docks E. C. L. R. vol Edward Newman endorsed entitled ERLE evidence execution expenses fence ground held Hendon infringement inspectors or inspector invention Joseph Anderson judge judgment June jury Kentish Town land law of France letters patent liable Liverpool London Lord manor matters ment moiety notice opinion owner paid parish parties hereto payable payment person plaintiff plea premises proceedings prosecution purpose question railway rateable received recover referred respect rule ship statute stipulated tenant thereby therein thereof tion Tribunal trustees umpire undertenants verdict vessel warehouse Westminster Palace William words
Popular passages
Page 613 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; 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...
Page 299 - That no contract for the sale of any goods, wares, and merchandises, 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...
Page 821 - ... but when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 269 - If any party shall be entitled to any compensation in respect of any lands or of any interest therein, which shall have been taken for or injuriously affected by the execution of the works...
Page 159 - Provided also and be it declared and enacted, that any declaration before mentioned shall not extend to any letters patent and grants of privilege for the term of fourteen years or under, hereafter to be made of the sole working or making of any manner of new manufactures within this Realm, to the true and first inventor and inventors of such manufactures, which others at the time of making such letters patents and grants shall not use...
Page 515 - Also sufficient posts, rails, hedges, ditches, mounds, or other fences for separating the land taken for the use of the railway from the adjoining lands not taken, and protecting such lands from trespass, or the cattle of the owners or occupiers thereof from straying thereout...
Page 269 - ... be willing to pay the amount of compensation so claimed, and shall enter into a written agreement for that purpose within twenty-one days after the receipt of any such notice from any party so entitled, the same shall be settled by arbitration in the manner herein provided...
Page 43 - London, (the act of God, the queen's enemies, fire, and all and every other dangers and accidents of the seas, rivers, and navigation, of whatever nature and kind soever, excepted,) unto order or to assigns, he or they paying freight for the said goods at 51.
Page 139 - ... for the damage, if any, to be sustained by the owner of the lands by reason of the severing of the lands taken from the other lands of such owner, or otherwise injuriously affecting such lands by the exercise of the powers of this or the special act, or any act incorporated therewith.
Page 475 - I think, th;it, where money is paid to another under the influence of a mistake, that is, upon the supposition that a specific fact is true, which would entitle the other to the money...