A Treatise On the Specific Performance of Contracts As It is Enforced By Courts
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Abr. 527, pi. 17 ; Palmer v. Scott, 1 R. & My. 391. In Minnesota, an oral accejitance of a written otter to sell land is insufficient under the statute. Lanz v. McLaughlin, 14 Minn. 72.
(2) Boys V. Ayerst, 6 Mad. 316. Whether the reformed system of procedure, which now prevails in so many of the states, as well as in England, has modified this rule, is a question which does not ajipear to have arisen. As the rule seems to have been based, not upon the form of the suit, but upon the mere fact of... the plaintiff's bringing a suit to enfoi'ce the contract, and thus showing his acce^it- ance of the defendant's offer by his conduct in the most complete manner, there is probably no reason why the rule itself should be changed.
(3) Parker v. Sei-jeant, Finch, 146 ; Hodgson v. Hutchinson, 5 Vin. Abr. 522, pi. 34. See, also, cases cited post, § 69. The principle hei-e is identical with that which permits a marriage to be inferred from the conduct of the parties. A jury is always told that the conduct of the parties does not make them husband and wife, but that from their conduct it may infer that, at some prior time, they mutu- ally consented to be husband and wife.
What to read after A Treatise On the Specific Performance of Contracts As It is Enforced By Courts?
You can find similar books in the "Read Also" column, or choose other free books by John Norton Pomeroy to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Abr. 527, pi. 17 ; Palmer v. Scott, 1 R. & My. 391. In Minnesota, an oral accejitance of a written otter to sell land is insufficient under the statute. Lanz v. McLaughlin, 14 Minn. 72.
(2) Boys V. Ayerst, 6 Mad. 316. Whether the reformed system of procedure, which now prevails in so many of the states, as well as in England, has modified this rule, is a question which does not ajipear to have arisen. As the rule seems to have been based, not upon the form of the suit, but upon the mere fact of... the plaintiff's bringing a suit to enfoi'ce the contract, and thus showing his acce^it- ance of the defendant's offer by his conduct in the most complete manner, there is probably no reason why the rule itself should be changed.
(3) Parker v. Sei-jeant, Finch, 146 ; Hodgson v. Hutchinson, 5 Vin. Abr. 522, pi. 34. See, also, cases cited post, § 69. The principle hei-e is identical with that which permits a marriage to be inferred from the conduct of the parties. A jury is always told that the conduct of the parties does not make them husband and wife, but that from their conduct it may infer that, at some prior time, they mutu- ally consented to be husband and wife.
What to read after A Treatise On the Specific Performance of Contracts As It is Enforced By Courts?
You can find similar books in the "Read Also" column, or choose other free books by John Norton Pomeroy to read onlineMoreLess
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