Commentaries on Equity Jurisprudence: As Administered in England and America, Band 1

Little, Brown,, 1870

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Seite 720 - ... 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, or some other person thereunto by him lawfully authorized.
Seite 720 - ... 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...
Seite 362 - 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.
Seite 16 - Equity is a roguish thing; for law we have a measure, know what to trust to ; equity is according to the conscience of him that is chancellor, and as that is larger or narrower, so is equity.
Seite 785 - WALES: Including Introduction, Statutes, Explanatory Notes, Cases, and Index. By JOHN LOCKE, MP, QC, Recorder of Brighton. The Fifth Edition, in which are introduced the GAME LAWS of SCOTLAND and IRELAND. By GILMORE EVANS, of the Inner Temple, Barrister-at-Law.
Seite 400 - The received construction in England at the time they are admitted to operate in this country, indeed to the time of our separation from the British Empire, may very properly be considered as accompanying the statutes themselves and forming an integral part of them. But however we may respect subsequent decisions, — and certainly they are entitled to great respect, — we do not admit their absolute authority.
Seite 478 - The principle established in the case of Deering v. Lord Winchelsea, is universal, that the right and duty of contribution is founded in doctrines of equity. It does not depend upon contract. If several persons are indebted, and one makes the payment, the creditor is bound in conscience, if not by contract, to give to the party paying the debt all his remedies against the other debtors.
Seite 202 - A seller is unquestionably liable to an action of deceit, if he fraudulently represent the quality of the thing sold to be other than it is, in some particulars, which the buyer has not equal means with himself of knowing ; or if he do so in such a manner as to induce the buyer to forbear making the inquiries, which, for his own security and advantage, he would otherwise have made.
Seite 371 - ... or in some way affected, and the Court has thereupon bound him with constructive notice of facts and instruments, to a knowledge of which he would have been led by an inquiry after the charge...
Seite 489 - A surety,' to use the language of Sir Samuel Romilly 's reply, ' will be entitled to every remedy which the creditor has against the principal debtor, to enforce every security and all means of payment...

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