Manual of Evidence in Civil Cases

Cover Manual of Evidence in Civil Cases
Manual of Evidence in Civil Cases
R E Rupert Etherege Kingsford
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Rolfe v. Abbott, 6 C. & P. 286.
62 MANUAL OF EVIDENCE IN CIVIL CASES.
Where goods sold without any agreement as to price, value must be proved.
DEFENCE.
Action brought before credit expired. In calculating the time of credit the day of the sale must be excluded.
Webb v. Fairmaner, 3 M. & W. 473.
ACTION FOR WORK AND MATERIALS.
The plaintiff's proofs are : 1. The contract, express or implied.
2. The performance of the work or supply of mate- rials (if any).
3. The value (if remuneration not ascer
...tained by contract).
Where there was a special agreement, terms of which had been performed, it raised a duty for which an in- debitatus assumpsit, or common counts, lay.
If contract not executed, and plaintiff has been pre- vented from executing it by absolute refusal of de- fendant to perform his part of it, or by an act done by the defendant which has incapacitated plaintiff from WORK AND MATERIALS. 63 performing it, the plaintiff may rescind contract and sue on a quantum meruit.
Flanche v. Colburn, 8 Bing.


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