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acceptance according action actual affirmed agent agreed agreement alleged amount answer appears appellant apply assent assignment authority avoid benefit bill binding bound brought cause charge claim common condition consideration contract court creditors damages debt deed defendant defendant's delivered effect enforced entered error evidence exceptions executed exist express fact father fendant fraud further give given ground hand held implied infant intention interest judgment jury knowledge land letter liable Mass matter means ment minor nature necessary notice obligation obtained offer opinion paid parties payment performance person plain plaintiff present principle promise purchase question reason received recover refused regard representation request rule says seal sell signed sold sufficient supposed tion tort tract trial unless valid
Seite 201 - there is one thing more than any other which public policy requires, it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that contracts when entered into freely and voluntarily, shall be held good, and shall be enforced by courts of justice.
Seite 2 - loads of timber, or to pay a stated price for certain goods. Implied are such as reason and justice dictate; and which therefore the law presumes that every man undertakes to perform. As if I employ a person to do any business for me or perform any work, the law implies that I undertook
Seite 223 - When an instrument is in part written and in part printed, and these parts are apparently inconsistent, or there is a reasonable doubt upon the sense and meaning of the whole, the words in writing will control, because they are the immediate language and terms selected by the parties themselves for the expression of their meaning.
Seite 245 - The ordinary rule of damages in an action by a vendor of goods and chattels, for a refusal by the vendee to accept and pay for them, is the difference between the contract price and the market value of the property at the time and place of delivery.
Seite 117 - In Co. Lit. 172 A. it is said, "An infant may bind himself to pay for his necessary meat, drink, apparel, necessary physic, and such other necessaries and likewise for his good teaching or instruction, whereby he may profit himself afterwards.
Seite 145 - come to her by descent, devise or bequest, or be the gift of any person except her husband, shall remain her sole and separate property notwithstanding her marriage, and not be subject to the disposal of her husband or liable for his debts. RS 1868, p. 454. The legislature, however, being reluctant to allow a married
Seite 204 - action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default or misdoings of another person, unless
Seite 144 - woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband, under whose wing, protection and cover she performs everything.
Seite 2 - called contracts. 1. Constructive contracts, which are fictions of law adapted to enforce legal duties by actions of contract, where no proper contract exists, express or implied. 2. Implied contracts, which arise under circumstances which, according to the ordinary course of dealing and the common understanding of men, show a mutual intention to contract. 3. Express contracts. In
Seite 249 - for the purpose of having the shaft carried to Greenwich. The plaintiffs' servant told the clerk that the mill was stopped, and that the shaft must be sent immediately ; and in answer to the inquiry when the shaft would be taken, the answer was, that if it was sent up by