A general index to the modern reporters, relative to the law occurring at trials by Nisi Prius Volume 1; from the period of the Revolution to the present times - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1797 Excerpt: ...is limited for the perform-Time for anecon one part. 113, 171, 172 performance, 28. If A. and B. come to a shop, and A. fays to the feller Collaterial let B. have such and such goods, and I will fee you paid, undertaking. &c. the law intends A. to be the buyer, and B. to act but as A.'s servant. Butcher v. Andrews. 23 I Lord Raymond. 29. Affump'it to deliver good merchantable wheat, evidence of a contract to deliver good. Second sort of wheat Variance. W a variance. Anonymous. 735 Strange. 30. Defendant bespoke a chariot, and when it was made, refused to take it, and in an action for the value it was Star"t» fraud, objected, that they should prove something given in earnest, 'j""3 execut" or a note in writing, since there was no delivery of any part of the goods, but the chief justice ruled this not to be a cafe within the statute of frauds, which relates only to contracts for the actual sale of goods, where the buyer is immediately answerable witiiout time given him by special R 2 agreement, agreement, and the seller is to deliver the goods immediately. Towers v. Sir J. Ojbornc. Page 506 Hardwicke. Damages., # f,e damage laid in the declaration, are considered as the cause of action. Norton v. Kilmore. Fntire contract proved, o'herwise on Int. 32. In an action on a contract, the whole contract mull be proved, and all the charges in the declaration, exactly in the manner they are laid or the plaintiff non-suited, but in an action for a tort it is otherwise, for the issues being several, if any one charge is proved, it is sufficient, as they are separate wrongs. Smith v. Hichfon. 49 3 Wilson.. 13. The factor who made the agreement wa3 admitted at a witness to prove the delivery of the goods, though he was to have a milling in the...
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