 | William Fischer Agnew - 1876 - 612 páginas
...the contingent might CHAP. in. happen within the year : but where it appears by the '!_ whole tenour of the agreement that it is to be performed after the year, there a note is necessary, (a) A contract for a year's service to commence at a Contract for future day, being a contract not... | |
 | 1879 - 686 páginas
...then a note in writing is not necessary, for the contingency might happen within the year; but when it appears by the whole tenor of the agreement that it is to be performed after the year, then a note is necessary. The principle thus laid down has been followed in numerous decisions, and... | |
 | Thomas Foster Withrow, Edward Holcomb Stiles - 1879 - 556 páginas
...incapable of performance within the year.'' While the language of the report is: "Where it appears by the tenor of the agreement that it is to be performed after the year, there a note (in writing) is necessary; otherwise not." Again it is said, per DENISON, J., in Fenton v. Emblers,... | |
 | Sir William Reynell Anson - 1880 - 494 páginas
...within the year does not bring it ' y within the operation of the statute unless " it appears Peter v. by the whole tenor of the agreement that it is to be Smm£t0c' performed after the year." 335. [Lyon (5) The agreement does not fall within the section... | |
 | Charles Greenstreet Addison - 1881 - 820 páginas
...performed after a year, a note in writing is not necessary, for the contingent and uncertain event might happen within the year; but, where it appears,...agreement, that it is to be performed after the year, a note is necessary." (c) l An agreement, therefore, to pay the plaintiff so many guineas on the day... | |
 | 1897 - 1036 páginas
...within the agreement that It Is to be performed after the year, then a note In writing Is not necessary, for the contingent might happen within the year; but...performed after the year, there a note is necessary." Peter v. Compton (1693) Skin. 353; Id., Holt, 326, cited by Lord Holt in Smith v. Westall, l Ld. Raym.... | |
 | United States. Supreme Court - 1897 - 790 páginas
...the agreement, that it is to be performed after the year, then a note in writing is not necessary, for the contingent might happen within the year ;...performed after the year, there a note is necessary." Peter v. Compton, (1693) Skinner, 353 ; SC Holt, 326; SC cited by Lord Holt in Smith v. Westall, I... | |
 | William Meecham Bythewood, George Sweet - 1884 - 956 páginas
...accrued during two and a-half years : Knowlman v. Bluett, LR, 9 Ex. 307. But where it appears from the whole tenor of the agreement, that it is to be performed, in whole or in part, after the year, the 4th section applies. In Peter v. Compton, Skin. 353, the defendant... | |
 | John William Smith - 1888 - 846 páginas
...the principal case, the statute was interpreted to mean that those oral contracts alone are invalid "where it appears by the whole tenor of the agreement that it is to be performed after the year." In other words, in order that the statute shall apply, it must appear affirmative!)' from the agreement... | |
 | 1889 - 952 páginas
...the year, then a note is not neees sary, for the contingent might happen within the year; but' when it appears by the whole tenor of the agreement that it is to be performed after the year, then a note is necessary, otherwise not. Vrancam v. Fester, Skinner, 326; Venton v. Embler», 3 Burr.... | |
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Where the agreement is to be performed upon a contingent, and it does not appear within the agreement that it is to be performed after the year, then a note in writing is not necessary, for the contingent might happen within the year; but where it appears... 
