Selections From Leakes Elements of the Law of Contracts And Finchs Cases On Co

Cover Selections From Leakes Elements of the Law of Contracts And Finchs Cases On Co
Selections From Leakes Elements of the Law of Contracts And Finchs Cases On Co
Keener, William A. (William Albert), 1856-1913
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B. (N. S. ) 406; 32 L. J. (C. P. )]52.
350 BRITAIN V. EOSSITER.
Cordrey (supra) either as to its decision or its dictum. I think that the contract falls clearly within the statute and within the principle of Bracegirdle v. Heald (a). Therefore no rule will be granted as to the point whether the contract is within the statute ; but the plaintiff may take a rule upon the questions whether the operation of the Statute of Frauds, s. 4, may be defeated by part performance, and also whether the plain
...tiff was entitled to any notice of dismissal, a verbal contract being in existence.
Cotton and Thesigee, L. JJ. , concurred.
1879. March 4. J! C. Zatcrefice, Q. C, and P. B. Sidchins, showed cause. The plaintiff cannot recover in this action : /Snelling v. Zord Huntingfield (b) shows that the express verbal contract of Saturday, the 21st of April, was still in existence, and that no fresh contract can be implied from acts done in pursuance of it. That contract was for a year's service to commence at a future day, and was therefore a contract not to be performed within a year : Bracegirdle v.


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