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" It seemed to the court in this case, that it is sufficient to state in the declaration so much of any contract, consisting of several distinct parts and collateral provisions as contains the entire consideration for the act and the entire act which is... "
A Treatise on the Civil Jurisdiction of a Justice of the Peace, in the State ... - Σελίδα 320
των Esek Cowen - 1821 - 750 σελίδες
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Τόμος 10

Ohio. Supreme Court - 1873 - 518 σελίδες
...0 East. 564, in which the court say, " It seems to us it is sufficient to state in the declaration so much of any contract, consisting of several distinct...is to be done in virtue of such consideration; and that the rest of the contract which only respects the liquidation of damages, after a right to them...

The Practice in Courts of Justice in England and the United States, Τόμος 3

Conway Robinson - 1858 - 804 σελίδες
...East 567, 8. It seemed to the court in this case, that it is sufficient to state in the declaration so much of any contract, consisting of several distinct...is to be done in virtue of such consideration ; and that the rest of the contract which only respects the liquidation of damages, after a right to them...

Reports of Cases Argued and Determined in the Supreme Court of the ..., Τόμος 3

George Caines - 1885 - 616 σελίδες
...cases cited, 1 Am. Com. Law, 556, in text and notes. It is, however, sufficient, in general, to state so much of any contract, consisting of several distinct...and the rest of the contract, which only respects ihe liquidation of damages, after a right to them has accrued by a breach of the contract, is matter...

A Treatise on the Law of Carriers as Administered in the Courts of the ...

Robert Hutchinson - 1891 - 1234 σελίδες
...distinct from that portion of the contract which qualifies the liability of the carrier, and which contains " the entire consideration for the act, and the entire act which is to be done," need not be stated ; as, for instance,, a provision which respects only the manner in which the damages...

A Digest of Australasian Mining Cases: As Decided in the Supreme Courts of ...

James Grattan Eagleson, William Alexander Sanderson, Bernard O'Dowd - 1897 - 344 σελίδες
...sions—Consideration — Transfer of gold mine — Fraud— Evidence.]— It is sufficient to state in the declaration so much of any contract, consisting of several distinct...which is to be done in virtue of such consideration. In an action to recover the balance of a sum due on the sale and transfer of a gold mining reef, the...

The Revised Reports: Being a Republication of Such Cases in the ..., Τόμος 28

Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Edward Potton, Joseph Gerald Pease, William Bowstead - 1897 - 854 σελίδες
...In setting out a contract in a declaration of assumpsit, it is only necessary to state so much of it as contains the entire consideration for the act,...the entire act which is to be done in virtue of such consideration,f and it appears to me, that the consideration in this case was sufficiently stated :...

The American and English Railroad Cases: A Collection of All Cases ...

1897 - 854 σελίδες
...distinct from that portion of the contract which qualifies the liability of the carrier, and which contains ' the entire consideration for the act, and the entire act which is to be done,' need not be stated ; as, for instance, a provision which recites only the manner in which the damages...

Reports of Cases at Law and in Chancery Argued and Determined in ..., Τόμος 165

Illinois. Supreme Court - 1897 - 724 σελίδες
...distinct from that portion of the contract which qualifies the liability of the carrier, and which contains 'the entire consideration for the act and the entire act which is to be done,' need not be stated, — as, for instance, a provision which recites only the manner in which the damages...

The Digest of English Case Law Containing the Reported Decisions ..., Τόμος 11

John Mews - 1898 - 898 σελίδες
...consisting of several distinct pans and collateral provisions, it is sufficient to state so nmcli of it as contains the entire consideration for the act, and the entire act or duty which is to be done (including the time, manner, and other circumstances of its performance),...

Cases on Procedure, Annotated: Common Law Pleading

Edson Read Sunderland - 1914 - 860 σελίδες
...pleadings at common law. It seems to us, therefore, that it is sufficient to state in the declaration so much of any contract, consisting of several distinct...is to be done in virtue of such consideration ; and that the rest of the contract which only respects the liquidation of damages, after a right to them...




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