An Essay on the Law of Contracts; For the Payment of Specifick Articles (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1822 edition. Excerpt: ... 2. Executory, or something thereafter to be done or forborne. 3. Concurrent, as in the case of mutual promises. 4. Continuing, as in contracts between lessor and lessee. Chitty, i. 296. I shall treat of declarations on contracts for the payment of specifick articles, and also of the declaration on contracts founded upon an executory consideration, so. far as to shew the analogy between a declaration on a contract made upon an executory consideration, and a plea by a defendant, in an action on a con tract for the delivery of specifick articles. By ascertaining what a plaintiff, in an action of assumpsit founded on an executory consideration, is required to state in his declaration, as to the performance of the consideration, we shall in a measure ascertain what is necessary for a defendant, in an action on a contract for the payment of specifick articles, to state in his plea and prove on trial, in discharge of the contract. In an action founded on an executory consideration, that is, in a case where the consideration of the defendant's promise is something which is stipulated to be done by the plaintiff, he must, in his declaration, state his readiness to perform the act stipulated to be done by him, and either state that the defendant neglected to attend, or refused to perform his part, or discharged the plaintiff from his performance. In the case of Rawson et al. v. Johnson, i. East Rep. 203, the count in the declaration to which exception was taken, is as Follows: --"And whereas also afterwards, to wit, on the 12th of November, 1799, to wit, at Leeds in the county of York, in consideration that the plaintiffs, at the instance and request of the defendant, had then and there bought of the defendant a certain large quantity (to wit) 100...