Principles of Contract : a Treatise On the General Principles Concerning the Validity of Agreements in the Law of England

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J. Ex. 94 ; the historical distinotion between per Cur. referring to Com. Dig. debt and assumpsit in this respect, Action on the Case, Assumpsit B. Langdell, Summary, §§ 64, 65.
1 — 15. Cp. Evans, Appendix to (S) This statement is adopted by Pothier on Obligations, No. 2 ; and Lord Dunedin, Bunlop Pneumatio Edgware Highway Board v. Har- Tyre Co. v. Selfridge ^ Co. [1915] row Gas Co. (1874) L. E. 10 Q. B. 847, 855.
P.— C. 12 178 CONSIDERATION.
A consideration, properly speaking, can be given onl
...y for a promise. Where performance on both sides is simulta- neous, there may be agreement in the wider sense, but there is no obligation and no contract. It may be amusing and not uninstructive to consider the distinctions to be observed in the legal analysis of such common dealings as being ferried across a river and paying on the other side, buying a news- paper on a railway platform, obtaining a box of matches from an automatic machine. The reader may multiply examples at his pleasure.

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