An analytical digest of all the reported cases determined in the House of Lords, the several courts of common law, in banc and at nisi prius, and the ... together with a full selection of equity - 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. 1842 Excerpt: ...& Ellis, 159. 1913 Where the vendor of an estate (the vendee having made a deposit in part payment of the purchase money) fails to make out a good title by the time stipulated, and the vendee dies, the personal representative of the vendee, and not his heir, is entitled to maintain an action to recover damages for loss of interest on the deposit, and for expenses incurred by the vendee in endeavoring to procure a title--the injury accruing to the personal estate. Orme r. Broughton, 4 M. & Scott, 417. 1913 An agent employed to sell an estate has not, as such, authority to receive payment. Mynn v. Joliffe, 1 M. & Rob. 326--Littledale. 1912 Interest paid by a purchaser upon money borrowed by him to complete the purchase, and kept idle, (pending an endeavor by the vendor to clear up the title), may be recovered as damages against the latter, in an action for breach of his contract. Sherry v. Oke, 3 Dowl. P. C. 349. 1913 Quoere, whether, consistently with the statute of frauds, the court can entertain a bill for rectifying an executory contract for the sale of lands, and carrying it, when rectified, into execution, even where the mistake is admitted by the answer? Attorney-General v. Sitwell, 1 Y. & Col. 559. 1913 II. Or Goods. Statute of Frauds.--A memorandum of a con tract for the sale and purchase of goods, to satisfy the statute of frauds, is good, though no mention be made of price, provided none be stipulated for; and where the contract is for the sale of goods to be manufactured, and alterations or additions are made in the progress of the work, such alterations or additions need nnt be made the subject of a distinct contract in writing. Hoadley r. Maclaine, 4 M. &, Scott, 340. 1915 In all cases of executory contracts for the purchase ...
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