 knowledge of the fraud either by express words or by unequivocal acts, affirmed the contract, their election has been determined for ever. But we differ from them in this that we think the party defrauded may keep the question open so long as he does...  The South African Law Reports: Transvaal provincial division - Page 42de Jan Hendrik Gey van Pittius, South Africa. Supreme Court. Transvaal Provincial Division, Adolf Davis - 1918Affichage du livre entier - À propos de ce livre
 | Great Britain. Court of Exchequer - 1872 - 484 pages
...the judges below, that if it can be shewn that the London Pianoforte Company have at any time after knowledge of the fraud, either by express words or...affirm the contract. The principle is precisely the same as that on which it is held that the landlord may elect to avoid a lease and bring ejectment,... | |
 | Nathaniel Cleveland Moak - 1872 - 788 pages
...the judges below, that if it can be shown that the London Pianoforte Company have at any time after knowledge of the fraud, either by express words or...affirmed the contract, their election has been determined forever. But we differ from them in this, that we think the party defrauded may keep the question open... | |
 | Great Britain. Court of Exchequer - 1873 - 360 pages
...the judges below, that if it can be shewn that the London Pianoforte Company have at any time after knowledge of the fraud, either by express words or...affirm the contract. The principle is precisely the same as that on which it is held that the landlord may elect to avoid a lease and bring ejectment when... | |
 | Nathaniel Cleveland Moak - 1879 - 1026 pages
...the judges below, that if it can be shown that the London Pianoforte Company have at any time after knowledge of the fraud, either by express words or by unequivocal acts, affirmed the contract, their eletcion has been determined forever. But we differ from them in this, that we think the party defrauded... | |
 | Frederick Pollock - 1881 - 848 pages
...been from courts of equity. The same general principle was laid down in the Exchequer Chamber in 1871. "We think the party defrauded may keep the question...so long as he does nothing to affirm the contract In such cases the question is, has the person on whom the fraud was practised, having notice of the... | |
 | Frederick Pollock - 1881 - 840 pages
...general principle was laid down in the law, per Exchequer Chamber in 1871. "We think the party Ex^Ch. defrauded may keep the question open so long as he does nothing to affirm the contract In such cases the question is, has the person on whom the fraud was practised, having notice of the... | |
 | Robert Campbell - 1881 - 818 pages
...by express words or act, and if a man once determines his election it is determined for ever. But he may keep the question open so long as he does nothing to affirm or repudiate the contract; subject however to this that if, in the interval while he is deliberating,... | |
 | Edmund B. Ivatts - 1883 - 1168 pages
...treat the contract as binding, or would disaffirm the contract and resume his property. We think that the party defrauded may keep the question open so long as he does nothing to affirm the contract. So long as he has made no election he retains the right to determine it either way, subject to this—that... | |
 | William Williamson Kerr - 1883 - 640 pages
...contract and resume the property. If it can be shown that the party defrauded has at any time after knowledge of the fraud either by express words or by unequivocal acts affirmed the contract, his election is determined for ever. The party defrauded may keep the question open so long as he does... | |
 | 1885 - 858 pages
...all the Judges below, that if it can be shewn the London Piano Forte Company have at any time alter knowledge of the fraud, either by express words or...so long as he does nothing to affirm the contract." This opinion would seem to preclude the defendant from now disputing the validity of the contract proved... | |
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