 Court the same construction and effect as they would have received in equity; (g) part performance of an obligation, either before or after a breach thereof, when expressly accepted by the creditor in satisfaction or rendered in pursuance of an agreement...  Revue Du Barreau Canadien - Pàgina 2601924Visualització completa - Sobre aquest llibre
 | New York (State). Commissioners of the Code, New York (State). - 1865 - 896 pàgines
...either before or after a breach thereof, when expressly accepted by the creditor in satisfaction and rendered in pursuance of an agreement for that purpose, though without any new consideration, extinguishes the obligation. CHAPTEE .V. NOVATION. 736. Novation, what 737. Modes of novation. 738.... | |
 | California - 1872 - 728 pàgines
...recognize such a distinction. Aecord of 1524. Part performance of an obligation, either liquidated debt. before or after a breach thereof, when expressly accepted...that purpose, though without any new consideration, extinguishes the obligation. NOTE. — Before the passage of the Act of 1868 (see Stats. 1868, p. 31),... | |
 | 1885 - 652 pàgines
...italicised words play a most important part in the note. Section six of the Act in question declares that part performance of an obligation, either before or...consideration, shall be held to extinguish the obligation." It will be noticed that this enactment involves the declaration of a principle of law which before... | |
 | Ontario - 1887 - 1620 pàgines
...thereof, when expressly accepted by ^£^£y the creditor in satisfaction, or rendered in pursuance m part. of an agreement for that purpose, though without any...consideration, shall be held to extinguish the obligation. 48 V. c. 13, s. 6. 8. A mandamus or an injunction may be granted or a Injunctions receiver appointed... | |
 | 1889 - 840 pàgines
...statute provides that ' part performance of an obligation either before or after breach thereof, where expressly accepted by the creditor, in satisfaction,...an agreement for that purpose, though without any now consideration, shall be held to extinguish the obligation." It will be observed that where there... | |
 | John James MacLaren - 1892 - 646 pàgines
...58, ss. 7, which altered the rule of the common law as to accord and satisfaction, and provides that "part performance of an obligation, either before...consideration, shall be held to extinguish the obligation." In any of the other provinces where the common law rule is still in force, part payment would only... | |
 | James Bicknell, Edwin Ernest Seager - 1894 - 540 pàgines
...610; Mason v. Johnson, 20 AR 412. By the Judicature Act, RSO, c. 44, s. 53, ss. 7, it is enacted that "part performance of an obligation, either before...new consideration, shall be held to extinguish the application." In Canadian Bank of Commerce v. Jenkins, 16 OK 215, an agreement to accept a smaller... | |
 | David Shephard Garland, James Cockcroft, Lucius Polk McGehee, Charles Porterfield - 1896 - 1344 pàgines
...either before or after a breach thereof, when expressly accepted by the creditor in satisfaction, and rendered in pursuance of an agreement for that purpose, though without any new consideration, shall extinguish such obligation, promise, or undertaking." Virginia Code (1887), § 2885. See Dakota Comp.... | |
 | Northwest Territories - 1899 - 940 pàgines
...accepted by the creditor i satisfaction or rendered in pursuance of an agreement for that 8atlsfactlon purpose though without any new consideration shall be held to extinguish the obligation. 8. A mandamus or an injunction may be granted or a receiv -interlocutory er appointed by an interlocutory... | |
 | Yukon Territory - 1903 - 820 pàgines
...accepted by the creditor in ^he satisfaction or rendered in pursuance of an agreement for satisfaction, that purpose though without any new consideration shall be held to extinguish the obligation. 8. A mandamus or an injunction mav be granted or a interlocutory • , ji • , ij ?*i r-< mandamus.... | |
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