 | Maryland. Court of Appeals, Richard W. Gill, Richard Wordsworth Gill, John Johnson - Law reports, digests, etc - 1830 - 562 pages
...action,) " besides the inequality of the damages, seems to be, that where a person has received apart of the consideration for which he entered into the agreement, it would he unjust that, because he has not had the whole, he should therefore be permitted to enjoy that part... | |
 | John Simcoe Saunders - Civil procedure - 1831 - 598 pages
...the declaration:" 1 Sound. 320, &.; and p. Ld. Ellenb., Davidsonv. Gwinne, 12 East, 389. For, where a person has received a part of the consideration...the agreement, it would be unjust that, because he has not had the whole, he should therefore be permitted to enjoy that part without either paying or... | |
 | Great Britain. Court of Exchequer - Court rules - 1834 - 1058 pages
...decision in those and other similar cases, besides the inequality of the damages, seems to be, that where a person has received a part of the consideration...the agreement, it would be unjust that because he has not had the whole he should therefore be permitted to enjoy that part without either paying or... | |
 | Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson - Law reports, digests, etc - 1834 - 906 pages
...demurrer was over-ruled. And Mr. Serjeant Williams states the reason of those decisions to be, that, where a person has received a part of the consideration...the agreement, it would be unjust, that, because he has not had the whole, he should therefore be permitted to enjoy that part without paying for it; and... | |
 | Great Britain. Court of Exchequer, Charles Crompton, Sir Charles John Crompton, Roger Meeson - Law reports, digests, etc - 1834 - 918 pages
...the consideration for which he entered into the agreement, it would be unjust, that, because he has not had the whole, he should therefore be permitted to enjoy that part without paying for it; and he adds (a), " Therefore the law obliges him to perform the agreement on his part, and... | |
 | Great Britain. Court of Exchequer, Robert Philip Tyrwhitt - Court rules - 1834 - 1062 pages
...of the consideration for which he entered into the agreement, it would be unjust that because he has not had the whole he should therefore be permitted to enjoy that part without either paying or doing any thing for it. Therefore, the law obliges him to perform the covenant on... | |
 | Jacob D. Wheeler - Common law - 1835 - 632 pages
...breach of the covenant by the defendant without pvening performance; and when a person has received part of the consideration for which he entered into the agreement, it wonld be unjust that, because he has not had the whole, he should therefore be permitted to enjoy that... | |
 | Indiana. Supreme Court, Isaac Newton Blackford - Law reports, digests, etc - 1836 - 550 pages
...Marsh. R. 359, and Payne v. Bettisworlh, ib. 427, are accordant, it is settled "that where a party has received a part of the consideration for which...the agreement, it would be unjust that because he has not had the whole, he should therefore be permitted to enjoy that part, without either paying or... | |
 | Esek Cowen - Justices of the peace - 1841 - 590 pages
...breach of the covenant by the defendant without averring performance ; and where a person has received part of the consideration for which he entered into...agreement, it •would be unjust that, because he has not had the whole, he should therefore be permitted to enjoy that part without either paying or... | |
 | Law - 1831 - 600 pages
...the decision in these cases is, as was observed by the learned editor of the work cited, that where a person has received a part of the consideration for which he has agreed to make a return, it would be unjust, because he did not actually have the whole ; that... | |
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Heuce it appears that the reason of the decision in these and other similar cases, besides the inequality of the damages, seems to be, that •where a person has received a part of the consideration for which he entered into the agreement, it would be... 
