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" The reason of the decision in these cases is," as is observed by the learned editor, " that where a person has received a part of the consideration for which he entered into the agreement, it would be unjust that, because he had not had the whole, he... "
Reports of Cases Argued and Determined in the Supreme Court of Judicature of ... - Page 319
by Indiana. Supreme Court, Isaac Newton Blackford - 1836
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A Practical Treatise on Pleading and on the Parties to Actions and ..., Volume 1

Joseph Chitty - Parties to actions - 1809 - 550 pages
...performance by the plaintiff ;(A) for where a party has received a part of the consideration for his agreement, it would be unjust that because he has not had the whole he should enjoy that part without paying or doing any thing for it ; and, therefore, the law obliges him to perform...
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volume 1

Maryland. Court of Appeals, Richard W. Gill, Richard Wordsworth Gill, John Johnson - Law reports, digests, etc - 1830 - 562 pages
...action,) " besides the inequality of the damages, seems to be, that where a person has received apart of the consideration for which he entered into the agreement, it would he unjust that, because he has not had the whole, he should therefore be permitted to enjoy that part...
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Volume 1

Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson - Law reports, digests, etc - 1834 - 906 pages
...over-ruled. And Mr. Serjeant Williams states the reason of those decisions to be, that, where a person has received a part of the consideration for which...therefore be permitted to enjoy that part without paying for it; and he adds (a), " Therefore the law obliges him to perform the agreement on his part,...
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Reports of Cases Argued and Determined in the Courts of Exchequer ..., Volume 1

Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson - Law reports, digests, etc - 1834 - 918 pages
...over-ruled. And Mr. Serjeant Williams states the reason of those decisions to be, that, where a person has received a part of the consideration for which...therefore be permitted to enjoy that part without paying for it; and he adds (a), " Therefore the law obliges him to perform the agreement on his part,...
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A Practical Abridgment of American Common Law Cases Argued and ..., Volume 4

Jacob D. Wheeler - Common law - 1835 - 632 pages
...breach of the covenant by the defendant without pvening performance; and when a person has received part of the consideration for which he entered into the agreement, it wonld be unjust that, because he has not had the whole, he should therefore be permitted to enjoy that...
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A Treatise on the Civil Jurisdiction of Justices of the Peace in the State ...

Esek Cowen - Justices of the peace - 1841 - 590 pages
...breach of the covenant by the defendant without averring performance ; and where a person has received part of the consideration for which he entered into...to enjoy that part without either paying or doing anything for it ; and therefore the law obliges him to perform the agreement on his part, and leaves...
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Reports of Cases at Law, Argued and Determined in the Court of ..., Volume 2

South Carolina. Court of Appeals, Robert H. Speers - Law reports, digests, etc - 1844 - 894 pages
...these, and other similar cases, besides the inequality of the damages, seems to be, that when a person has received a part of the consideration for which...the agreement, it would be unjust that because he had not had the whole, he should therefore be permitted to enjoy that part without paying, or doing...
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A Treatise on the Law of Landlord and Tenant: With an Appendix of Statutes ...

Charles Broadbelt Claydon - Landlord and tenant - 1847 - 524 pages
...on the part of the defendant, without averring performance in the declaration ; for where a person has received a part of the consideration for which...agreement, it would be unjust that, because he has not received the whole, he should therefore he permitted to enjoy that part without either paying or doing...
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The Exchequer Reports: Reports of Cases Argued and Determined in ..., Volume 6

Great Britain. Court of Exchequer, William Newland Welsby, Edwin Tyrrell Hurlstone, John Gordon - Law reports, digests, etc - 1849 - 1008 pages
...reason of the decision in these cases is," as is observed by the learned editor, " that where a person has received a part of the consideration for which...the agreement, it would be unjust that, because he had not had the whole, he should therefore be permitted to enjoy that part without either paying or...
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English Reports in Law and Equity: Containing Reports of Cases in the House ...

Edmund Hatch Bennett, Chauncey Smith - Law reports, digests, etc - 1851 - 680 pages
...reason of the decision in these cases, as is observed by the learned editor, is, that " where a person has received a part of the consideration for which...the agreement, it would be unjust that because he had not had the whole, he should therefore be permitted to enjoy that part without either paying or...
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