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" When a tender or offer is thus made, the party to whom it is made has no alternative but to refuse it, or accept it upon such condition. If he takes it, his claim is canceled, and no protest, declaration or denial of his, so long Misc.] Supreme Court,... "
Reports of Cases Argued and Determined in the Supreme Court of the State of ... - Σελίδα 209
των Vermont. Supreme Court - 1864
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A Digest of All the Reported Decisions of the Supreme Court of the ..., Τόμος 1

Daniel Roberts - 1878 - 906 σελίδες
...thereby cancelled, notwithstanding his declaration that he wanted or claimed more. Towzlfe v. Healy. 24. When a tender or offer is thus made, the party to...has no alternative but to refuse it, or accept it on such condition. If he takes it, his claim is cancelled, and no protest, declaration or denial of...

Atlantic Reporter, Τόμος 4

1886 - 956 σελίδες
...to understand therefrom that, if he takes it, he takes it subject to such condition. When a tender is thus made, the party to whom it is made has no...upon such condition. If he takes it, his claim is canceled, and no protest, declaration, or denial of his, so long as the condition is insisted on, can...

The South Western Reporter, Τόμος 125

1910 - 1384 σελίδες
...is bound to understand, from it that, if he takes It, he takes it subject to such condition. Where a tender or offer is thus made, the party to whom...alternative but to refuse it or accept it upon such conditions. If he takes it, his claim is canceled, and no protest, declaration, or denial of such,...

The Southern Reporter, Τόμος 35

1904 - 1060 σελίδες
...is not all that is due, or that he does not accept it in full satisfaction of his claim. Where the tender or offer is thus made, the party to whom it is made has no alternative hut to refuse it or accept it upon such condition. If he accepts it, he accepts the condition also,...

The New York Supplement, Τόμος 159

1916 - 1216 σελίδες
...doctrine stated in Fuller v. Kemp, 138 NY 231, 238, 33 NE 1034, 1035 (20 LRA 785), where it is said : "When a tender or offer Is thus made, the party to...upon such condition. If he takes it, his claim is canceled, and no protest, declaration, or denial of his, so long as the condition is insisted on, can...

The American and English Encyclopaedia of Law, Τόμος 1

David Shephard Garland, James Cockcroft, Lucius Polk McGehee, Charles Porterfield - 1896 - 1344 σελίδες
...— Where an offer of an accord is made upon the condition that it is to be taken in full of demands, the party to whom it is made has no alternative but to refuse it or accept it upon such condition, and if he takes it, no protest or declaration made by him at the time can affect the case. Bull v....

The New York Supplement, Τόμος 51

1898 - 1258 σελίδες
...in satisfaction of the claim, and the offer accompanied with such acts and declarations as amount tu a condition that, if the money is accepted, it is...upon such condition. If he takes it, his claim is cauceted; and no protest, déclaration, or denial of his, so long as the condition is insiste,! ou,...

Miscellaneous Reports. Cases Decided in the Courts of Record of ..., Τόμος 23

New York (State). Courts - 1898 - 882 σελίδες
...accompanied with such acts and declarations as amount to a condition that if the money is accepted it ia accepted in satisfaction, and such that the party...upon such condition. If he takes it, his claim is canceled, and no protest, declaration or denial of his, so long Misc.] Supreme Court, Appellate Term,...

Weekly Notes of Cases Argued and Determined in the Supreme Court ..., Τόμος 42

1898 - 636 σελίδες
...for appellant. When an offer is made upon a condition that it is to be taken in full of all demands, the party to whom it is made has no alternative but to refuse, or accept it upon such condition, and if he takes it no protest or declaration made by him at the time,...

Reports of Cases Argued and Determined in the Appellate Courts of ..., Τόμος 83

Illinois. Appellate Court, Martin L. Newell - 1899 - 716 σελίδες
...to such condition. 2. SAME — Tender of. — When a tender is made as an accord and satisfaction, the party to whom it is made has no alternative but to refuse it, or accept it upon the conditions accompanying the tender. If he takes it his claim is canceled, and no protest, declaration...




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