American and English Corporation Cases Volume 1-40

American and English Corporation Cases Volume 1-40

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 edition. Excerpt: ...with equity and good conscience may be afforded him, when the contract is in the nature of n partnership, because the defendant in eflect prays a dissolution of the partnership, and the court will ascertain the true interests of the parties. and will make such a decree as is just and right upon the ground that a court of equity will take every one's act acoordin to consc ence, and will not sufler undue arfvantage to be taken of thc strict terms of the law or of positive rules, and will refuse to enforce the contract. Or if the court can consider tiie amount named in the contract as a penalty rather than as liquidated damages when the payment. of money is the principal object of the contract, and the amount uaiiied is only accessory thereto, it will afford such relief as is just and proper when full compensation can be readil ascertained. Titley v. American BY& Assoc. (U. C.), 40, 375. When the sum named in an agreement is to secure the performance of a collateral object, to wit, the payment of money, and that is the principal ob'cct, and the sum naiiicd is only collateral thereto. and the real damages would be disproportionate to the sum naiiied, and such real damages can be readily ascertained, then a court of equity will consider the sum named as a penalty, and will afiord such relief as in equity and good conscience is appropriate, considering the real injury sustained. Til%e%v. American B. if: L. Assoc. (C. C.), 40, Courts of equity will not permit parties to flx a sum specified in a contract as liquidated damages by naming it as such, and thus prevent the court from considering it as a penalty. Tilley v. American B. d: L Auoc. (O. C.), 40, 375. tutional as infringing the guaranteed equality of all men before the law, ...
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Product details

  • Paperback | 656 pages
  • 189 x 246 x 34mm | 1,152g
  • United States
  • English
  • black & white illustrations
  • 123678409X
  • 9781236784094