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Reports of Cases Argued and Adjudged in the Supreme Court of the United States Volume 11; V. 24

Overview

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1826 Excerpt: ...of the contract which was thus entered into. Question whe-The second proposition is, " That this special ther this spe-1 i i ciai agreement agreement was open and subsisting at the time was open anci, »,, „ subsisting at the cause or action is supposed to nave arisen. alleged cause Now, this proposition ...
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Overview

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1826 Excerpt: ...of the contract which was thus entered into. Question whe-The second proposition is, " That this special ther this spe-1 i i ciai agreement agreement was open and subsisting at the time was open anci, »,, „ subsisting at the cause or action is supposed to nave arisen. alleged cause Now, this proposition involves a mixed question arose. ac"n f 'aw an mct-f the contract was open, and the action was founded on that contract, then the legal consequence insisted upon, " that Perkins cannot recover in this action," undeniably follows. But whether, in point of fact, it was open when the cause of action is claimed to have arisen, that is, in the lifetime of W. Hart, must depend upon the evidence in the cause, of which the jury were alone competent to judge. If the agreement was wholly performed by the plaintiff during the lifetime of Hart; if its farther execution was put an end to, before its completion, by the act of Flart, or by the agreement of both parties, then the plaintiff was not precluded from recovering in this action. Nay, further, if the contract was fully performed in relation to any one subject covered by it; as, for example, by the sale, collection, and remittance of the purchase money for any one township or parcel of land, the plaintiff might well maintain an action of indebitatus assumpsit for his stipulated compensation, in cash, on that transaction, and was not bound to wait until all the lands to which his agency extended were disposed of. Where the agreement embraces a number of distinct sub-1826. jects which admit of being separately executed and closed, it must be taken. distributively, each subject being considered as forming the matter of a separate agreement after it is so closed. If, for instance, the agre...
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Product Details

  • ISBN-13: 9781150284366
  • Publisher: General Books LLC
  • Publication date: 5/28/2012
  • Pages: 136
  • Product dimensions: 7.44 (w) x 9.69 (h) x 0.29 (d)

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