a selection of cases on the law of contracts

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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER II. FORMATION OF CONTRACTS UNDER SEAL. SECTION I. FORMALITIES OF EXECUTION. TAUNTON v. PEPLER. In Chancery, 1820. [Reported in 6 Maddock, 166.] The bill was filed by the next of kin, against the defendant, as administrator of the intestate, for an account. The defendant pleaded a release. Mr. PhiOimore objected to the plea of the release; first, because it was founded only on the receipts of the administrator, as they then stood; and, secondly, because the release was only said to be "sealed and delivered," without also saying "signed;" and cited Blackstone,1 who says a deed must be signed as well as sealed and delivered. Mr. Koe, contra. The Vice-chancellor. The release states that the administrator had received all the property belonging to the intestate; I cannot therefore assume that he has received anything since. There is no authority for saying that a release, to be effectual, must be signed aa well aa sealed and delivered. The plea must be allowed. STONE v. BALE. Common Pleas, 1693. [Reported in 3 Levinz, 348.] Debt on obligation, and declares, that March 20, 34 Car. 2, the defendant by obligation dated October 10, 33 Car. 2, sed primo ddiberat' 20 March, 34 Car. 2, became bound, etc. The defendantpleads, that upon the said tenth of October, when the obligation bears date, there was no such person in rttrum natura as the plaintiff. To which the plaintiff demurs: and now upon argument it was adjudged by the whole court for the plaintiff: they agreed where the plaintiff declares on a date he cannot afterward reply that it was primo deliberat' at another day; for that would be a departure, and so are the books to be intended, Co. 2 Rep. 4 b, and 1 H. 6, 1 b, there cited; toiprima facie every deed is supposed to be made the s...
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