A Treatise On the Law of Guarantees And of Principal Surety
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Guildhall, eited by Buller, J. , in Mat- 227. • son V. "Wharam, 2 T. K. SO, and by Lord BroAvne Stat. Frauds, sec. 162.
OPERATION OF THE STATUTE OF FRAUDS, ETC. 113 who said lie ivould see them paid for. Lord Mansfield held, tliat, as the promise was hefore delivery of the goods, it was not within the statute of frauds, because at the time the promise was made there was no debt at all. In Jones v. Cooper, ^ Lord Mansfield, though at first inclined to follow the case just cited, ultimately de- c...ided, on the facts of the case before liim, that there was a collateral promise within the statute of frauds. It is right to mention, however, that there could be no doubt that the promise, in Jones v. Cooper, was within the statute, for it was in these words : " I Avill pay you if Smith does not. " But, in Mowbray v. Cunningham, the words were : " If you supply goods to A. I will see you paid, " and the latter expression is clearly open to a double construction. « The next case which throws light upon the subject under discussion is Peckham v.
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To quickly assess the difficulty of the text, read a short excerpt:
Guildhall, eited by Buller, J. , in Mat- 227. • son V. "Wharam, 2 T. K. SO, and by Lord BroAvne Stat. Frauds, sec. 162.
OPERATION OF THE STATUTE OF FRAUDS, ETC. 113 who said lie ivould see them paid for. Lord Mansfield held, tliat, as the promise was hefore delivery of the goods, it was not within the statute of frauds, because at the time the promise was made there was no debt at all. In Jones v. Cooper, ^ Lord Mansfield, though at first inclined to follow the case just cited, ultimately de- c...ided, on the facts of the case before liim, that there was a collateral promise within the statute of frauds. It is right to mention, however, that there could be no doubt that the promise, in Jones v. Cooper, was within the statute, for it was in these words : " I Avill pay you if Smith does not. " But, in Mowbray v. Cunningham, the words were : " If you supply goods to A. I will see you paid, " and the latter expression is clearly open to a double construction. « The next case which throws light upon the subject under discussion is Peckham v.
What to read after A Treatise On the Law of Guarantees And of Principal Surety?
You can find similar books in the "Read Also" column, or choose other free books by Henry Anselm De Colyar to read onlineMoreLess
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