Atlantic Reporter, Volume 16West Publishing Company, 1889 |
From inside the book
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Page 4
... equity will not specifically enforce the performance of a contract where , from its terms , a right does not arise ... court will go in fixing a price is to ascer- tain it , when the contract simply provides that it shall be fair . 8. TRUSTS ...
... equity will not specifically enforce the performance of a contract where , from its terms , a right does not arise ... court will go in fixing a price is to ascer- tain it , when the contract simply provides that it shall be fair . 8. TRUSTS ...
Page 7
... court of equity will enforce the specific performance of this covenant . It is objected that it will not do so , because it is a unilateral contract , and also is incomplete . The lack of mutuality , it is claimed , exists in the fact ...
... court of equity will enforce the specific performance of this covenant . It is objected that it will not do so , because it is a unilateral contract , and also is incomplete . The lack of mutuality , it is claimed , exists in the fact ...
Page 8
... equity will not direct a performance of the terms of an agreement by the one party when , at the time of such order , the other party is at liberty to reject the obligations of such agreement . ' This doctrine is reiterated in our court ...
... equity will not direct a performance of the terms of an agreement by the one party when , at the time of such order , the other party is at liberty to reject the obligations of such agreement . ' This doctrine is reiterated in our court ...
Page 9
... court in cases of this kind , and I fail to perceive why the sentiment which ... equity limits its interference with the enforcement of a judgment at law to ... court of law , or of which he might have availed himself at law , but was pre ...
... court in cases of this kind , and I fail to perceive why the sentiment which ... equity limits its interference with the enforcement of a judgment at law to ... court of law , or of which he might have availed himself at law , but was pre ...
Page 10
... court , where the cause in which the judgment was recov- ered was tried ... equity limits its interference with the enforcement of a judgment at law to ... court of law ; or of which he might have availed himself at law , but was ...
... court , where the cause in which the judgment was recov- ered was tried ... equity limits its interference with the enforcement of a judgment at law to ... court of law ; or of which he might have availed himself at law , but was ...
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Common terms and phrases
action agreement alleged Allegheny county amount Appeal appellee application assessment assignment Assumpsit authority Baltimore Baltimore county bank bill bill of lading bond cause certiorari claim common pleas complainant contract contributory negligence corporation Court of Chancery court of common court of equity Court of Pennsylvania creditors damages death debt deceased declaration decree deed defendant's demurrer devise entitled equity Error to court evidence execution executor fact filed fraud held injury intention interest issue judge judgment jurisdiction jury land legislature liable lien ment mortgage N. J. Law negligence opinion owner paid parties payment person petition Philadelphia county plaintiff in error possession proceedings purchase purpose quarter sessions question Railroad real estate reason received rule statute statute of frauds Supreme Court taxation taxes testator testimony thereof tion trust verdict wife
Popular passages
Page 577 - I shall receive the same again by the mighty power of God and as touching such worldly estate, wherewith it has pleased God to bless me with in this life, I give, devise and dispose of the same in the following manner...
Page 561 - Executors nothing doubting but at the general Resurrection I shall receive the same again by the mighty power of God and as touching such worldly estate wherewith it hath pleased God to bless me in this Life I give devise and dispose of the same in the following manner...
Page 360 - All taxes shall be uniform, upon the same class of subjects, within the territorial limits of the authority levying the tax, and shall be levied and collected under general laws...
Page 296 - The subjects of every state ought to contribute towards the support of the government, as nearly as possible, in proportion to their respective abilities ; that is, in proportion to the revenue which they respectively enjoy under the protection of the state. The expense of government to the individuals of a great nation, is like the expense of management to the joint tenants of a great estate, who are all obliged to contribute in proportion to their respective interests in the estate.
Page 400 - Where the buyer is by the contract bound to do anything as a condition, either precedent or concurrent, on which the passing of the property depends, the property will not pass until the condition be fulfilled, even though the goods may have been actually delivered into the possession of the buyer.
Page 16 - To avoid improper influences, which may result from intermixing in one and the same act such things as have no proper relation to each other, every law shall embrace but one object, and that shall be expressed in the title.
Page 305 - Ohl, his heirs, executors, administrators, of and from all and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances...
Page 572 - That the great object of inquiry in the construction of a will is to ascertain the intention of the testator, that...
Page 286 - ... if they are in the employment of the same master, engaged in the same common enterprise, both employed to perform duties...
Page 328 - ... wherefore he prays judgment if the plaintiff ought further to maintain his action.