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" In considering this very interesting question we immediately ask ourselves, what is a contract? Is a grant a contract? A contract is a compact between two or more parties, and is either executory or executed. An executory contract is one in which a party... "
Blackstone Economized: Being a Compendium of the Laws of England to the ... - Page 180
by David Mitchell Aird - 1873 - 352 pages
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Commentaries on the Laws of England: In Four Books, Volume 2

William Blackstone - Law - 1807 - 698 pages
...the head of obligations ex contractu and quasi ex contractus. A CONTRACT may also be either executed, as if A agrees to change horses with B, and they do it immediately ; in which rase the possession and the right arc transferred together : or it may be executory, as if they agree...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 2

Great Britain. Court of King's Bench, Richard Vaughan Barnewall, Sir Edward Hall Alderson - Law reports, digests, etc - 1819 - 882 pages
...no actual delivery ; Noy's Maxims, c. 42., and Hobart (a) ; but a contract may be either executed, as if A. agrees to change horses with B., and they...immediately, in which case the possession and the right arĀ« transferred together; or it may be executory, as if they agree to exchange next week; here, the...
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volume 4

United States. Supreme Court - Law reports, digests, etc - 1819 - 816 pages
...clause, in the fallowing man' ner : " A contract is a compact between two or more persons, and is either executory or executed. An executory contract is one, in which a party biodj himself to do or not to do a particular thing. A contract executed is one in which the object...
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The British Constitution, Or an Epitome of Blackstone's Commentaries on the ...

Sir William BLACKSTONE, Vincent WANOSTROCHT - Constitutional law - 1823 - 872 pages
...undertook or contracted, to pay him as much as his labour deserves. A contract may also be either executed, as if A agrees to change horses with B, and they do...possession and the right are transferred together, or it may be executory, as, if they agree to change next week, here the right only vests, and their...
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The Law of Contracts and Promises Upon Various Subjects and with Particular ...

Samuel Comyn - Contracts - 1824 - 680 pages
...are sufficient. (f) A contract or agreement conveys an interest either in possession, or in action ; as if A. agrees to change horses with B., and they do it immediately ; or if goods are sold and delivered and paid for at one time; here the possession and the right are...
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Commentaries on the laws of England. [Another], Volume 2

sir William Blackstone - Law - 1825 - 626 pages
...the head of obligations ex contracts and quasi ex contractu** A CONTRACT may also be either executed, as if A agrees to change horses- with B, and they...possession and the right are transferred together: or it may \ye.exccutory, as if they agree to change next week ; here the right only 'vests, and their...
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Gifford's English lawyer; or, Every man his own lawyer, by John Gifford

Alexander Whellier - 1825 - 836 pages
...contracted to pay him as much as his'labour deserves. A contract may be also either executed, as if A agree to change horses with B, and they do it immediately...possession and the right are transferred together : or it may be executory, as if they agree to change next week ; here the right only vests, and their...
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Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 3

Alabama. Supreme Court, George Noble Stewart - Law reports, digests, etc - 1835 - 526 pages
...the United Stales. "A contract, (says he.) is a compact between two or more parties, and is either executory or executed. An executory contract, is one...which a party binds himself to do, or not to do, a particular thing; such was the lavv under which the conveyance was made by the government. A contract...
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The American Jurist and Law Magazine, Volume 2; Volume 20

Law - 1843 - 498 pages
...same language, in defining an executory contract, in the case of Fletcher v. Peck (6 Cranch, 136) : " An executory contract is one in which a party binds himself to do, or not to do, a particular thing." 3 2 Black. Comm. 446. Gifts, by the common law, are not regarded u contracts. 2...
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Speeches and Forensic Arguments

Daniel Webster - United States - 1830 - 518 pages
...Fletcher vs. Peckf this court says, " a contract is a compact between two or more parties, and is either executory or executed. An executory contract is one...which a party binds himself to do, or not to do, a particular thing; such was the law under which the conveyance was made by the government. A contract...
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