The Law of Contracts, Volume 3 |
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Contents
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Other editions - View all
Common terms and phrases
action agreed agreement allowed American amount applied Bank breach buyer cause circumstances cited condition Conn consideration contract court damages decisions defendant denied difference doctrine effect enforce equity existence express fact fraud fraudulent give given ground held induced infra injury intention interest involves Iowa land liable Mass matter means ment Minn mistake mutual N. J. Eq N. Y. App nature obligation opinion paid party payment performance person plaintiff principle promise purchaser question reason received recover recovery reformation refusal regard relates relief remedy repudiation rescind rescission rule seems sell seller Smith specific statement statute supposed supra tion tract transaction transfer true United unless warranty
Popular passages
Page 3258 - ... 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 2844 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted. It is upon that ground the court goes; not for the sake of defendant, but because they will not lend their aid to such a plaintiff.
Page 2901 - ... or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof...
Page 2422 - Where, under a contract of sale, the price is payable on a day certain irrespective of delivery, and the buyer wrongfully neglects or refuses to pay such price, the seller may maintain an action for the price, although the property in the goods has not passed, and the goods have not been appropriated to the contract.
Page 2877 - That it shall be unlawful for any person engaged in commerce, in the course of such commerce, to lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies or other commodities, whether patented or unpatented...
Page 2901 - ... from ceasing to patronize or to employ any party to such dispute, or from recommending, advising, or persuading others by peaceful and lawful means so to do; or from paying or giving to, or withholding from, any person engaged in such dispute, any strike benefits or other moneys or things of value ; or from peaceably assembling in a lawful manner, and for lawful purposes; or from doing any act or thing which might lawfully be done in the absence of such dispute by any party thereto; nor shall...
Page 2400 - ... 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.
Page 2639 - There must be a misstatement of an existing fact, but the state of a man's mind is as much a fact as the state of his digestion.
Page 2788 - Ignorantia juris haud excusat ' ; but in that maxim the word ' jus ' is used in the sense of denoting general law. the ordinary law of the country. But when the word ' jus ' is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact ; it may be the result also of matter of (1) LR 2 HL, 149.
Page 2604 - Where the seller delivers to the buyer a quantity of goods less than he contracted to sell, the buyer may reject them, but if the buyer accepts the goods so delivered he must pay for them at the contract rate.