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accepted according action actual agree agreement alleged amount appears appellant application arise assigns Attorneys authority bill of sale bound breach brought called carry cause charge circumstances claim clearly coal common compensation considered construction contended contract costs course Court damages debt decided decision deed defendant delivered direct doubt duty effect election entered entitled evidence fact further give given grant ground held House intended interest issue judge judgment jurisdiction jury land Law Rep liable limitation London Lord loss March matter meaning necessary notice obtained opinion owner paid particular parties payment performance person plaintiff plea possession premises present proceed proceedings question Railway reason received recover referred respect respondent rule seems shew ship statute taken tion tort trial Vict vote whole
第 138 頁 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
第 651 頁 - ... arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever, barratry of the master and mariners, and of all other perils, losses, and misfortunes, that have or shall come to the hurt, detriment, or damage of the said goods and merchandises, and ship, &c., or any part thereof.
第 588 頁 - ... but when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided...
第 178 頁 - On the other hand, the promisee may, if he thinks proper, treat the repudiation of the other party as a wrongful putting an end to the contract, and may at once bring his action as on a breach of it; and in such action he will be entitled to such damages as would have arisen from the non-performance of the contract at the appointed time, subject, however, to abatement in respect of any circumstances which may have afforded him the means of mitigating his loss.
第 597 頁 - Be it known that as well in own name as for and in the name and names of all and every other person or persons to whom the same doth, may, or shall appertain, in part or in all...
第 581 頁 - These authorities seem to support the proposition, which appears on principle to be very reasonable, that, where a contract is made with reference to certain anticipated circumstances, and where, without any default of either party, it becomes wholly inapplicable to or impossible of application to any such circumstances, it ceases to have any application; it cannot be applied to other circumstances which could not have been in the contemplation of the parties when the contract was made.
第 58 頁 - Under the direction of the learned judge, a verdict was entered for the plaintiff, leave being reserved to the defendant to move to enter the verdict for him if the court should be of opinion that what he did was not an infringement within the above statutes.
第 456 頁 - Term, when a verdict was found for the defendants, leave being reserved to the plaintiff to move to enter a verdict for...
第 168 頁 - That all conditions were fulfilled, and all things happened and all times elapsed necessary to entitle the plaintiff to have the said agreement performed by the defendant on his part, yet the defendant did not pay the plaintiff the remainder of the said purchase-money as aforesaid on his part.