Bullen and Leake's Precedents of Pleadings in Actions in the King's Bench Division of the High Court of Justice |
Common terms and phrases
accepted accord and satisfaction action brought aforesaid agent agreed agreement alleged amount ante assignment Bank Bankruptcy bill of exchange bill of lading breach carrier cause of action cheque commencement common law condition contract counterclaim covenant creditor dated the 19 debt debtor deceased deed default defendant denies defendant's delivered discharge distrained distress entitled fact fraud indorsed injunction injury interest joinder of issue judgment Judicature Act L. J. Ch L. J. Ex land lease liable loss matters negligence notice owner paid paragraph Particulars payable person plaintiff claims plea pleaded possession premises primâ facie purchaser reasonable recover rent Reply respect Sect servants set-off Smith sold solicitor special damage specifically Statement of Claim statute Statute of Frauds sued sufficient supra tenant thereof third party tort trespass trustee unless verbally Vict warranty writ wrongfully
Popular passages
Page 832 - Where after the commencement of this Act any action, prosecution, or other proceeding is commenced in the United Kingdom against any person for any act done in pursuance, or execution, or intended execution of any Act of Parliament, or of any public duty or authority...
Page 678 - Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions ; that is to say, the seller must be ready and willing to give possession of the goods...
Page 257 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose...
Page 574 - g reements (1677) no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate...
Page 631 - December, 1833, no action or suit or other proceeding shall be brought, to recover any sum of money secured by any mortgage, judgment or lien, or otherwise charged upon or payable out of any land or rent, at law or in equity...
Page 209 - ... unless the partner so acting has in fact no authority to act for the partnership in the particular matter, and the person with whom he is dealing has knowledge of the fact that he has no such authority.
Page 308 - That every such action shall be for the benefit " of the wife, husband, parent, and child of the person " whose death shall have been so caused...
Page 459 - Court, as might properly have been granted against such person if he had been made a defendant to a cause duly instituted by the same defendant for the like purpose ; and every person served with any such notice shall thenceforth be deemed a party to such cause or matter, with the same rights in respect of his defence against such claim, as if he had been duly sued in the ordinary way by such defendant.
Page 780 - Act, be as valid as if he were expressly authorised by the owner of the goods to make the same ; provided that the person taking under the disposition acts in good faith, and has not at the time of the disposition notice that the person making the disposition has not authority to make the same.
Page 633 - ... in actions of debt or upon the case grounded upon any simple contract, no acknowledgment or promise by words only shall be deemed sufficient evidence of a new or continuing contract...