A Rubric of the Common Law, Being a Short Digest of the Common Law
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(f) Fitzmaurice v. Bailey, 9 H. L. C. 78.
CONTEACTS WHICH MUST BE IN WETTING. 47 1856. (d) This provision was passed in consequence of the decision in the accompanying ilhistration, which is still, however, an authority in respect of all other contracts within the Statute of Frauds. Illustration. Wain & Co. , forbore to sue one Hall, in consideration of which Warlters promised to pay them some £56, the amount due from Hall to them. The promise was in writing, but no mention was made of the cons...ideration of the guarantie. It was held that the j)laintiffs could not recover, (e) J (^•) The price, under section 17. If the price has been agreed upon. Otherwise a reasonable price will be implied. Illustration. Hoadly, a coach-builder, contracted in writing to build Sir Archibald McClaine a carriage. No agreement was come to about the price. When the carriage was sent home, Sir Archibald refused to accept it, as the price demanded was over £"480. In an action by Hoadly for not accepting the car- riage, the Court held that the law would imply that a reasonable price was to be paid.
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To quickly assess the difficulty of the text, read a short excerpt:
(f) Fitzmaurice v. Bailey, 9 H. L. C. 78.
CONTEACTS WHICH MUST BE IN WETTING. 47 1856. (d) This provision was passed in consequence of the decision in the accompanying ilhistration, which is still, however, an authority in respect of all other contracts within the Statute of Frauds. Illustration. Wain & Co. , forbore to sue one Hall, in consideration of which Warlters promised to pay them some £56, the amount due from Hall to them. The promise was in writing, but no mention was made of the cons...ideration of the guarantie. It was held that the j)laintiffs could not recover, (e) J (^•) The price, under section 17. If the price has been agreed upon. Otherwise a reasonable price will be implied. Illustration. Hoadly, a coach-builder, contracted in writing to build Sir Archibald McClaine a carriage. No agreement was come to about the price. When the carriage was sent home, Sir Archibald refused to accept it, as the price demanded was over £"480. In an action by Hoadly for not accepting the car- riage, the Court held that the law would imply that a reasonable price was to be paid.
What to read after A Rubric of the Common Law, Being a Short Digest of the Common Law?
You can find similar books in the "Read Also" column, or choose other free books by Charles George Walpole to read onlineMoreLess
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