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according admissible agreement appears apply appointment assigns Beav body child cited common condition consideration construction construed contained contract conveyance conveyed Corporation Court covenant created daughters death deed default determine died easements effect entitled evidence exception executed executors express fee simple gift give given grant grantor habendum heirs Held husband implied included intention interest issue joint land lease limitation Litt living Lord male marriage meaning months Moore necessary operative particular parties pass person plaintiff portions possession premises purchase question recital reference release remainder rent rule S. C. sub nom seal separate settled settlement share Smith Statute sufficient tail taken tenant term thing tion took trust twenty-one unless usage vested void whole wife words
Сторінка 535 - Where a covenant goes only to part of the consideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant; and an action may be maintained for a breach of the covenant on the part of the defendant, without averring performance in the declaration.
Сторінка 131 - It has long been settled, that, in commercial transactions, extrinsic evidence of custom and usage is admissible to annex incidents to written contracts, in matters with respect to which they are silent. The same rule has also been applied to contracts in other transactions of life, in which known usages have been established and prevailed ; and this has been done upon...
Сторінка 524 - If a day be appointed for payment of money, or part of it, or for doing any other act, and the day is to happen, or may happen, before the thing which is the consideration of the money, or other act, is to be performed ; an action may be brought for the money, or for not doing such other act before performance, for it appears that the party relied upon his remedy, and did not intend to make the performance a condition precedent. And so it is where no time is fixed for performance of that, which is...
Сторінка 54 - The cases I think go further to this extent, that if the settlement is intended to be effectuated by one of the modes to which I have referred, the court will not give effect to it by applying another of those modes.
Сторінка 57 - ... as by the known usage of trade, or the like, acquired a peculiar sense, distinct from the popular sense of the same words...
Сторінка 27 - ... inasmuch as the written words are the immediate language and terms selected by the parties themselves for the expression of their meaning, and the printed words are a general formula adapted equally to their case and that of all other contracting parties upon- similar occasions and subjects."— Robertson v.
Сторінка 73 - Where there is nothing in the context of a will from which it is apparent that a testator has used the words in which he has expressed himself in any other than their strict and primary sense...
Сторінка 74 - ... to be interested under the will, and to the property which is claimed as the subject of disposition, and to the circumstances of the testator and of his family and affairs; for the purpose of enabling the court to identify the person or thing intended by the testator...
Сторінка 535 - The distinction is very clear : where mutual covenants go to the whole of the consideration on both sides, they are mutual conditions, the one precedent to the other ; but where they go only to a part, where a breach may be paid for in damages, there the defendant has a remedy on his covenant, and shall not plead it as a condition precedent.