A Selection of Cases on the Law of Contracts
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A Selection of Cases on the Law of Contracts

A Selection of Cases on the Law of Contracts


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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. Excerpt from book: Section 3.33, --y CHAPTER VI. CONDITIONAL AND UNCONDITIONAL CONTRACTS. Section I.Conditions Precedent Or Concurrent. (a) textit{Express or implied in fact. textit{J620 g-xx.; ofrl RAN AY P. ALEXANDER. In The King's Bench, Michaelmas Term, 1605. textit{[Reported in Yelver ton 76.] The plaintiff declared that whereas the defendant was possessed of 17 tod of wool, and whereas textit{colloquium fuit between them for 15 tod of the 17 tod, to be chosen by the plaintiff; the defendant in consideration of textit{6 to be paid on such a day, etc., promised to deliver the plaintiff textit{pradictas 15 tod of wool, and said textit{in facto, that he was ready at the day to pay the textit{_6, yet the defendant had not delivered the plaintiff the 15 tod of wool, to his damage, etc. And upon textit{non assumpsit pleaded, it was found for the plaintiff; and it was shown in arrest of judgment that the declaration was not good, because the plaintiff had not shown that he had chosen 15 tod out of the 17, and that is textit{quasi a condition precedent; and an act to be first performed by the plaintiff, before the defendant is bound by his promise to do anything. textit{Quod fuit concessum per totam curiam. But per Pop- ham, C.J., if the defendant had sold one of the tods of wool before election made by the plaintiff, that had destroyed the election, and made the promise absolute, and had been a breach of it. The same law if the defendant would not have permitted the plaintiff to see the wool, that he might make election; for that had excused the act to be done by the plaintiff, and had been a default in the defendant. And the matter aforesaid is much enforced by the word textit{pnzdictas in the declaration, for that can be referred to nothing but the communication by which the plaintiff of his own showing...


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Product Details
  • ISBN-13: 9781443271448
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Language: English
  • ISBN-10: 1443271446
  • Publisher Date: 06 Jul 2009
  • Binding: Digital (delivered electronically)
  • No of Pages: 501


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