A contract to be specifically enforced by the court must, as a general rule, be mutual, that is to say, such that it might, at the time it was entered into, have been enforced by either of the parties against the other of them. Columbia Law Review - Stranica 81903Potpun prikaz - O ovoj knjizi
| Arkansas. Supreme Court - 1842 - Broj stranica: 742
...sell his wife's lands, for the reason that the remedy is not mutual. And by mutuality I understand that the contract must be such that it might at the...enforced by either of the parties against the other. Now, if Partee had been reluctant to complete this exchange, or his wife had refused to be bound hy... | |
| Alabama. Supreme Court - 1899 - Broj stranica: 832
...Pomeroy on Contracts, §162. "A contract, to be specifically enforced, must be mutual — that is to say, such that it might at the time it was entered into,...by either of the parties against the other of them. Whenever, therefore, whether from personal incapacity, the nature of the contract, or any other cause,... | |
| Thomas Foster Withrow, Edward Holcomb Stiles - 1879 - Broj stranica: 556
...Iowa, 525). Id. 46. A contract to be specifically enforced must be such that it might, after being entered into, have been enforced by either of the parties against the other, and if the one party be incapable of performance he cannot enforce it upon the other. (Jarman v. Davis,... | |
| 1907 - Broj stranica: 2170
...'that the contract to be specifically enforced must as a general rule be mutual — that is to say, such that it might at the time it was entered into...enforced by either of the parties against the other," is open to so many exceptions that it is of little value as a rule. But in view of the firm place that... | |
| Sir Edward Fry - 1884 - Broj stranica: 868
...CONTRACT. § 44O. A contract to be specifically enforced by the court must be mutual — that is to say, such that it might, at the time it was entered into,...enforced by either of the parties against the other of them.(a)1 Whenever, therefore, whether from personal incapacity to contract, or the nature of the contract,... | |
| 1904 - Broj stranica: 1172
...that it cannot. "A contract, to be specifically enforced by the court, must be mutual; that Is to say, such that it might, at the time it was entered into,...by either of the parties against the other of them. Whenever, therefore, whether from personal incapacity to contract, or the nature of the contract, or... | |
| 1904 - Broj stranica: 1132
...286, It ie said a contract to be specifically enforced by the court must be mutual; that is to say, such that it might at the time it was entered into...by either of the parties against the other of them. Whenever, therefore, whether from personal incapacity, the nature of the contract, or any other cause,... | |
| 1926 - Broj stranica: 1230
...contract to be specifically performed by the court must, as a general rule, be mutual; that is to sny, such that it might, at the time it was entered into,...by either of the parties against the other of them. When, therefore, whether from personal incapacity to contract, or the nature of the contract, or any... | |
| 1909 - Broj stranica: 1076
...another work : 'A contract, to be specifically enforced by the court, must be mutual ; that is to say, such that It might, at the time it was entered Into,...by either of the parties against the other of them. Whenever, therefore, whether from personal incapacity, the nature of the contract, or any other cause,... | |
| 1911 - Broj stranica: 1320
...'that the contract to be specifically enforced must, as a general rule, be mutual, that is to say, such that it might, at the time it was entered into,...enforced by either of the parties against the other' — is open to so many exceptions that it is of little value as a rule. But, in view of the firm place... | |
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