| Isaac 'Espinasse - Actions and defenses - 1794 - 918 pages
...within the year, and " fo the agreement be performed within that time : but *' where it appears from the whole tenor of the agreement, " that it is to be performed after the year \ there an agree*' ment in writing is required under the itatute." As where by parol the defendapt's teftator... | |
| Massachusetts, William Charles White - Law - 1811 - 214 pages
...happen within the year, and so the agreement be performed within that time : 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 under the statute. Fentoh v Embien, "^s where, by parol, defendant's testator... | |
| William Selwyn - Nisi prius - 1812 - 732 pages
...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 necessary." . . ; So where the plaintiff declared*, that the defendant's testator, in... | |
| Horse racing - 1812 - 422 pages
...agreement, that it is to be performed after the year, there a note in writing is not necessary, for a contingent might happen within the year; but where' it appears by the •whole teneur of the agreement, that it is to he performed after the year, there a note is necessary ; otherwise... | |
| William Selwyn - Nisi prius - 1817 - 782 pages
...minority of the judges, were of opinion that it ought to have been in writing, because the d«from the whole tenor of the agreement, that it is to be performed after the year, thtTe a note in writing is necessary." So where the plaintitF .declared d, that the defendant's testator,... | |
| Samuel March Phillipps - Evidence (Law) - 1820 - 838 pages
...performed after the year, then a note in writing is not necessary, for the contingency might possibly happen within the year ; but where it appears by the...it is to be performed after the year, there a note iu writing is necessary. (1) (a) In other words, the clause in the statute includes only those cases,... | |
| William Selwyn - Civil procedure - 1820 - 830 pages
...the case before VOL II. L be performed upon a contingency, and it does not appear on the face of tke 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 ; but where it appears... | |
| Samuel March Phillipps - Evidence (Law) - 1822 - 600 pages
...in writing. Where the agreement is to be performed upon a contingency, and it does not appear from the agreement, that it is to be performed after the year, there a note in writing is not necessary, for the contingency may possibly happen within the year ; but where it... | |
| Samuel Comyn - Contracts - 1824 - 680 pages
...was e contra) where the 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; but where it appears... | |
| Law reports, digests, etc - 1827 - 932 pages
...that where the agreement is to be performed upon a contingency, and it does not appear on the face of 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. And although Lord Holt... | |
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