A Concise And Practical Treatise of the Law of Vendors And Purchasers of Estates
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But there appears to be no foundation for the doubt thus thrown upon the dictum of Lord Eldon, for he confines his observation to the case where the person to be bound signs as, tvhat he cannot be, a icitness, and must therefore be considered to sign in his proper character. By the rule as ex- pressed by Lord Eldon, the person signing is assumed to be really the contracting party. In the case put by way of objection, there would be no real contract by the party to sign.
5. It is not necessary t...o put down the name of the principal : if the name of the actual bidder, although an agent, be put down, that is sufficient (j?).
6. And it is sufficient, it seems, if the initials of the name are set down {q), but there must be a signature of the name in some way (r).
(t) Hubert v. Treherne, 3 Man. & Gra. (o) 2 Ad. & El. 508.
743, sup. Ip) White v. Proctor, 4 Tan. 209 ; Ken- {k) Welford v. Beazely, 1 Ves. 6; 3 Atk. Worthy v. Schofield, 2 Bar. & Cres. 945.
503; 9 Ves. 251. {q) Philhraore v. BaiTy, 1 Ca.
What to read after A Concise And Practical Treatise of the Law of Vendors And Purchasers of Estates?
You can find similar books in the "Read Also" column, or choose other free books by Edward Burtenshaw Sugden to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
But there appears to be no foundation for the doubt thus thrown upon the dictum of Lord Eldon, for he confines his observation to the case where the person to be bound signs as, tvhat he cannot be, a icitness, and must therefore be considered to sign in his proper character. By the rule as ex- pressed by Lord Eldon, the person signing is assumed to be really the contracting party. In the case put by way of objection, there would be no real contract by the party to sign.
5. It is not necessary t...o put down the name of the principal : if the name of the actual bidder, although an agent, be put down, that is sufficient (j?).
6. And it is sufficient, it seems, if the initials of the name are set down {q), but there must be a signature of the name in some way (r).
(t) Hubert v. Treherne, 3 Man. & Gra. (o) 2 Ad. & El. 508.
743, sup. Ip) White v. Proctor, 4 Tan. 209 ; Ken- {k) Welford v. Beazely, 1 Ves. 6; 3 Atk. Worthy v. Schofield, 2 Bar. & Cres. 945.
503; 9 Ves. 251. {q) Philhraore v. BaiTy, 1 Ca.
What to read after A Concise And Practical Treatise of the Law of Vendors And Purchasers of Estates?
You can find similar books in the "Read Also" column, or choose other free books by Edward Burtenshaw Sugden to read onlineMoreLess
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