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a selection of cases on the law of contracts

by samuel williston

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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER II. FORMATION OF CONTRACTS UNDER SEAL. SECTION I. FORMALITIES OF EXECUTION. TAUNTON v. PEPLER. In Chancery, 1820. [Reported in 6 Maddock, 166.] The bill was filed by the next of kin, against the defendant, as administrator of the intestate, for an account. The defendant pleaded a release. Mr. PhiOimore objected to the plea of the release; first, because it was founded only on the receipts of the administrator, as they then stood; and, secondly, because the release was only said to be "sealed and delivered," without also saying "signed;" and cited Blacks... Read more

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...more than sufficient to satisfy and pay all the just debts and legacies of the said J. C, &c. , of which the said C. H. Then and there had notice : By reason of which said premises, the said Charles Hill became liable to pay to the said ]Sr. And A. The said sum of 601. ; and, being so liable, he, the said C, in consideration thereof, afterwards, &c. , undertook and faithfully promised to pay to them the said sum of 601. , whenever, &c. To this declaration the defendant demurred generally. Mr. Le Blanc, in support of the demurrer.^ Mr. BuUer, contra, for the plaintiff. The question is, whether the facts stated in this declaration, namely, that the defendant was execu- tor and had assets, &c. , are a sufficient consideration for a promise. As to that question, it is a settled point that, wherever an express promise is made upon a good consideration, an action lies. And the slightest ground is sufficient to maintain a promise. 1 Vent. 40, 41, Wells V. Wells; 1 Lev. 273, s. C; Stone v....

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