| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| 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... | |
| |