 | Samuel Williston - 1904 - 368 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), Skinner, 353; sc Holt, 326; sc cited by Lord Holt in Smith v. Westall 1 Ld.... | |
 | George Lisle - 1904 - 524 páginas
...lawfully authorised. The statute does not apply to contracts which may be performed within a year, unless it appears by the whole tenor of the agreement that it is to be performed after the year (Peter v. Compton, Skinn. 353, and the notes to that case, 1 Smith's LC, llth ed. p. 316). The statute,... | |
 | Canadian Bankers' Association - 1907 - 400 páginas
...performed after a year, a note in writing is not necessary, for Jhe 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 (in writing) is v necessary." We have now briefly considered -the principal .features of the... | |
 | Fred Louis Gross - 1910 - 488 páginas
...after the year, there a note in writing is not necessary, for the contingent might happen within a year; but where it appears by the whole tenor of the agreement that it is to be performed after a year, there a note is necessary; otherwise, not.' "This has been the generally accepted rule since... | |
 | Louis Applebome - 1910 - 468 páginas
...the terms of it, the party may at his election perform the agreement after the year; it is only when it appears by the whole tenor of the agreement that it is to be performed after the year, that a note in writing is necessary." Plimpton v. Curtis, 15 Wend. 336. "The statute, as interpreted... | |
 | Alexander Haring - 1910 - 542 páginas
...the judges, that where an agreement is to be performed upon a contingency, and it does not appear in the agreement, that it is to be performed after the year, there a note in writing is not necessary; for the contingency might happen within the year. This construction of... | |
 | William Blake Odgers, Walter Blake Odgers - 1911 - 962 páginas
...not expressly to be performed after the year, a note in writing is not necessary, as the contingency might happen within the year. But where it appears...the agreement that it is to be performed after the expiration of the year, the agreement or a note of it must be in writing. 8 The " space of one year"... | |
 | Maryland, Julian J. Alexander - 1912 - 604 páginas
...writing is not necessary, for the contingency might happen within the year, but where it appears from the whole tenor of the agreement that it is to be performed after the year, there a note in writing is required. And in Fenton v. Emblers, 3 Burr. 1278; SC 1 W. Black. 353, it was *decided... | |
 | Charles Erehart Chadman - 1912 - 676 páginas
...the judges, that where an agreement is to be performed upon a contingency, and it does not appear in the agreement, that it is to be performed after the year, there a note in writing is not necessary; for the contingency might happen within the year. This construction of... | |
 | Ohio. Courts - 1918 - 646 páginas
...the terms of it the party may at his election perform the agreement after the year; it is only when it appears by the whole tenor of the agreement that it is to be performed after the year that a note in writing is necessary." Donnelley v. Byerley. [Vol. 20(NS) In this case the plaintiff... | |
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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... 
