The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity

The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity : From the Year 1785, as Are Still of Practical Utility Volume 83

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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. 1906 edition. Excerpt: ...copper miners. Had the subject-matter of this contract been copper, or if it had been shown in any way to be incidental or ancillary to carrying on the business of copper miners, the contract would have been binding, although not under seal; for, where a trading Company is created by charter, while acting within the scope of the charter it may enter into the commercial contracts usual in such a business in the usual manner. But the iron rails, the subject-matter of this contract, were not shown to have any connection with the business of copper miners; and indeed it was admitted in argument that the plaintiffs have ceased to be copper miners and now only deal in iron. It was contended that some other charter is to be presumed which would authorize this dealing in iron: but, the 'charter creating the Company as a corporation being given in evidence, and no other charter appearing, we are 11ot at liberty to presume that any other exists. It is unnecessary for us to consider whether the Company could sue or be sued in this case, even if the contract had been by deed: the contract is by parol only; and, as the Company could not have been sued, the question is, Can they sue upon it? By the Statute of Frauds no action can be brought upon certain agreements unless there be a memorandum thereof signed by the party to be charged; and the Courts have very properly held that a party who has signed a memorandum of the agreement may be sued upon it, although the other party has not; because there the requisition of the statute has been complied with, and there is such an agreement as the party suing alleges. But here the consideration for the defendant's promise is an alleged promise by the plaintiffs; and, their supposed promise given more

Product details

  • Paperback | 360 pages
  • 189 x 246 x 19mm | 644g
  • United States
  • English
  • black & white illustrations
  • 1236973259
  • 9781236973252