Category: Contracts

Found 629 results · Showing 121–150

CONCORDIA

of which he engages to pay within a certain . time a certain proportion of his debts. and by which the creditors agree to discharge the whole of. their claims in consideration of the same. Arg. Fr. Merc. Law, 538. Lat. In old English law.

CONDITION

the execution of the agreement depend on an event which it is in the power of the one or the other of the contracting parties to bring about or to hinder. Civ. Code La. art. 2024 They are either erpress or implied, the former when incorporated in ex...

Conklin, 1 N. J. 353, 22 Am. Dec

519. —Equitable ejectment. A sooesding in use in Pennsylvania, brought to enforce specific performance of a contract for the sale of land, and for some other purposes, which is in form an action of ejectment, but is in reality a substitute for a bi...

CONSEILS DE PRUDHOMMES. In

French law. <A species of trade tribunals, charged with settling differences between masters and workinen. They endeavor, in the first instance, to conciliate the parties. In default, they adjudicate upon the questions in dispute. Their decisions are...

CONSIGNMENT

as distinguished from such as are illegal or immoral. The term is also sometimes used. as equivalent to “good” or “sufficient” consideration. See Sampson v. Swift, 11 Vt. 315; Albert Lea College v. Brown, 88 Minn. 524, 93 N. W. 672, 60 L. R. ...

CONTEMPT OF CONGRESS, LEGIS

LATURE, or PARLIAMENT. Whatever obstructs or tends to obstruct the due course -of proceeding of either house, or grossly reflects on the character of a member of elther house, or imputes to him what it would be a libel to impute to an ordinary person...

CONTRAOT

é sides. The entire fulfillment of the promise by either is a condition precedent to the fulfillment of any part of the promise by the other. Whenever, therefore, there is a contract to pay the gross sum for a certain and definite consideration, th...

CONTRAOTUS

Lat. tract; contracts. . —Contractus bone fidei. In Roman law. Contracts of good faith. Those contracts which, when brought into litigation, were not deter-

CONVENTIONS

words, convention was the informal agreement of the parties, which formed the basis of a contract, and which became a contract when the external formalities were superimposed. See Maine, Anc. Law, 313.

Cooper, 64 Conn

536, 30 Atl. 760; Smyth v. Lynch, 7 Colo. App. 383, 43 Pac. 670. This is where a person adopts a contract or other transaction which is not binding on him, because it was entered into by an une

COUNTER-CLAIM

COUNT-OUT. In English parliamentary law. Forty members form a house of commons; and, though there be ever so many at the beginning of a debate, yet, if during the course of it the house should be deserted by the members, till reduced below the number...

COURT OF NISI PRIUS

mitted within the verge of the king’s court, where one of the parties was of the royal household; and of all debts and contracts, when both parties were of that establishment. It was abolished by 12 & 13 Vict. c. 101, § 18. Mozley & Whitley.

COURT OF PRIVATE LAND CLAIMS

A federal court created by act of Congress in 1891 (26 Stat. 854 [U. S. Comp. St. 1901, p. 765]), to hear and determine claims by private parties to lands within the public domain, where such claims originated under Spanish or Mexican grants, and had...

COURT OF THE STEWARD AND

MARSHAL. A high court, formerly held in England by the steward and marshal of the king's household, having jurisdiction of all actions agninst the king’s peace within the bouxgds of the household for twelve miles, which circuit was called the “ve...

COVENANT

ing and delivery thereof, whereby some of the parties named therein engage, or one of thein engages, with the other, or others, or some of them, therein also named, that some act hath or hath not already been done, or for the performance or non-perfo...

Cox, Inst

1386; May, Parl. Pr. 185.—Standing seised to uses. <A covenant to stand seised to uses is one by which the owner of an estate covenants to hold the same to the use of another person, usually a relative, and usually in consid-

Cree, 46 Vt

783, 14 Am. ae 640; Buffalo City Cemetery v. Buffalo, 46 N. Y. 500.—Speciflo tax. tax imposed as a fixed sum on each article or item of property of a given class or kind, without regard to its value; opposed to ad valorem tax.—Succession tax. See...

Cromelian v. Brink, 29 Pa. St

522.—After-~ diseovered. Discovered or made known after a particular date or event.—After sight. This term as used in a bill payable so many days after sight, means after legal sight: that is, after legal presentment for acceptance. The mere fact...

DAMAGE

those courts, in actions upon the case, covenant, trespass, etc., wherein the damages were uncertain; which the plaintiff was obliged to pay to the prothonotary or the officer of the court wherein he recovered, before he could have execution for the ...

DAMNI INJURIZ ACTIO

called, because compensation is made to the owner for the injury to, or deprivation of, his easements of light, air, and access, and these are parts of the fee. Dode v. Railway Co., 70 Hun, 374, 24 N. Y. Supp. > People v. Barker, 165 N. Y. 305, 59 N....

DANISM

As the manner of use enters into the consideration as well as other circumstances, the question is for the jury. U.S. v. Reeves, (C. C.) 38 Fed. 404; State v. Hammond, 14 S. D. 545, 86 N. W. 627; State v. Lynch, 88