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" The intrinsic force of this argument, the boldness with which it was applied, and the commanding weight of the very respectable character who used it, caused the courts for a time to pause. Lord Eldon, in 11 Vesey... "
Reports of Cases Argued and Determined in the Supreme Court of Judicature ... - Σελίδα 406
των William Johnson, New York (State). Supreme Court - 1853
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Reports of Cases Argued and Determined in the High Court of Chancery in ...

Ireland. High Court of Chancery, John Schoales, Thomas Langlois Lefroy - 1808 - 526 σελίδες
...enforced ; the statute is in the negative. To give it this construction would, as I have heard it urged, make the statute really a statute of frauds, for it...his own will and pleasure whether it should be an agree* ment or not.(a) (a) V|d. Bromley v. Jeffries, 2 Vern. 415, where one of the grounds for refusing...

A treatise on the principles and practice of the High court of chancery

Henry Maddock - 1820 - 788 σελίδες
...SC i Eq. Abr. 21. observations on that Case, " to give the Statute such a construction would make it really a Statute of Frauds, for it would enable any...pleasure whether it should be an Agreement or not" ( p). In Hatton v. Gray, so much relied upon as the leading Case on the subject, the ground of the...

A Treatise on the Law of Evidence, Τόμος 1

Samuel March Phillipps - 1820 - 838 σελίδες
...fraud.', for it would eo ; • son who bad procured another to lign an agreement, to make it depend "will and pleasure whether it should be an agreement or not " The in force of thii argumer t the boldness with which it was applied, and the command'ng weight of the...

A General Treatise on the Principles and Practice by which Courts ..., Τόμος 2

John Eykyn Hovenden - 1825 - 734 σελίδες
...be enforced. To adopt agents, of both), f ,. ,, , ,, ought ever to be that construction, would be to enable any person, who had procured another to sign...pleasure, whether it should be an agreement, or not. Lord Redesdale, indeed, has intimated a doubt whether, in any case, an agreement ought to be enforced,...

An Essay on Marketable Or Doubtful Titles to Real Estate

Solomon Atkinson - 1838 - 356 σελίδες
...enforced; the statute is in the negative. To give it this construction, would, as I have heard it urged, make the statute really a statute of frauds; for it...pleasure, whether it should be an agreement or not." Another instance of an apparent want of entire mutuality, is that of a husband seised, jure uxoris,...

Reports of Cases Argued and Determined in the Court of ..., Τόμος 2;Τόμος 95

Great Britain. Court of Common Pleas - 1838 - 338 σελίδες
...enforced: the statute is in the negative. To give it this construction would, as I have heard it urged, make the statute really a statute of frauds, for it...pleasure, whether it should be an agreement or not." This case was noticed by Lord Manners, in O'Rourke v. Percival (z) ; and in Martin v. Mitchell (a)....

Reports of Cases Determined in the Court of Chancery And, on Appeal ..., Τόμος 1

John Potter Stockton - 1856 - 896 σελίδες
...enforced ; the statute is in the negative. To give it this construction would, as I have heard it urged, make the statute really a statute of frauds, for it...pleasure whether it should be an agreement or not." But this dictum of Lord Redesdale, that an agreement signed by one party only, cannot be enforced against...

The American Reports: Containing All Decisions of General Interest ..., Τόμος 1

Isaac Grant Thompson - 1871 - 670 σελίδες
...mutual to be binding, and that, if one party could not enforce it the other ought not ; and said, that, to decree performance when one party only was bound,...procured another to sign an agreement to make it depend ou his own will and pleasure whether it should be an agreement or not." He then, after remarking that...

American Cases on Contract: Arranged in Accordance with the Analysis of ...

Ernest Wilson Huffcut, Edwin Hamlin Woodruff - 1894 - 762 σελίδες
...united current of authority but the observations of Lord Ch. Redesdale, in Lawrenson v. Butler (1 Sch. & Lef. 13), who thought that the contract ought to be...respectable character who used it, caused the courts for a time to pause. Lord Eldon, in 11 Vesey, 592, out of respect to this opinion, waived, in that case,...

Commentaries on the Laws of England: In Four Books, Βιβλίο 2

William Blackstone - 1902 - 540 σελίδες
...does not say that every agreement so signed shall be enforced. To adopt that construction would be to enable any person who had procured another to sign...pleasure, whether it should be an agreement or not. Lord Redesdale, indeed, has intimated a doubt whether in any case (not turning upon the fact of part...




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