Title : Application of Payment Where Debt to Be Discharged is Indicated
State : Central
Year : 1872
where a debtor, owing several distinct debts to one person, makes a payment to him, either with express intimation, or under circumstances implying that the payment is to be applied to the discharge of some particular debt, the payment, if accepted, must .....
View Complete Act List Judgments citing this sectionTitle : Application of Payment Where Debt to Be Discharged is Not Indicated
State : Central
Year : 1872
where the debtor has omitted to intimate and there are no other circumstances indicating to which debt the payment is to be applied, the creditor may apply it at his discretion to any lawful debt actually due and payable to him from the debtor, whether .....
View Complete Act List Judgments citing this sectionTitle : Application of Payment Where Neither Party Appropriates
State : Central
Year : 1872
where neither party makes any appropriation the payment shall be applied in discharge of the debts in order of time, whether they are or are not barred by the law in force for the time being as to the limitation of suits. if the debts are of equal .....
View Complete Act List Judgments citing this sectionTitle : Effect of Novation, Rescission, and Alteration of Contract
State : Central
Year : 1872
if the parties to a contract agree to substitute a new contract for it, or to rescind or alter it, the original contract need not be performed. illustrations (a) a owes money to b under a contract. it is agreed between a, b and c that b shall thenceforth .....
View Complete Act List Judgments citing this sectionTitle : Promise May Dispense with or Remit Performance of Promise
State : Central
Year : 1872
every promisee may dispense with or remit, wholly or in part, the performance of the promise made to him, or may extend the time for such performance, 1 or may accept instead of it any satisfaction which he thinks fit. illustrations (a) a promises to .....
View Complete Act List Judgments citing this sectionTitle : Consequences of Rescission of Voidable Contract
State : Central
Year : 1872
when a person at whose option a contract is voidable rescinds it, the other party thereto need not perform any promise therein contained in which he is promisor. the party rescinding a voidable contract shall, if he have received any benefit thereunder .....
View Complete Act List Judgments citing this sectionTitle : Obligation of Person Who Has Received Advantage Under Void Agreement, or Contract That Becomes Void
State : Central
Year : 1872
when an agreement is discovered to be void, or when a contract becomes void, any person who has received any advantage under such agreement or contract is bound to restore it, or to make compensation for it to the person from whom he received it. .....
View Complete Act List Judgments citing this sectionTitle : Mode of Communicating or Revoking Rescission of Voidable Contract
State : Central
Year : 1872
the rescission of a voidable contract may be communicated or revoked in the same manner, and subject to the same rules, as apply to the communication or revocation of a proposal.1 ______________________ 1. see section 3 and 5, supra.
View Complete Act List Judgments citing this sectionTitle : Effect of Neglect of Promisee to Afford Promisor Reasonable Facilities for Performance
State : Central
Year : 1872
if any promisee neglects or refuses to afford the promisor reasonable facilities for the performance of his promise, the promisor is excused by such neglect or refusal as to any non-performance caused thereby. illustration a contracts with b to repair b's .....
View Complete Act List Judgments citing this sectionTitle : Of Certain Relations Resembling Those Created by Contract
State : Central
Year : 1872
if a person, incapable of entering into a contract, or any one whom he is legally bound to support, is supplied by another person with necessaries suited to his condition in life, the person who has furnished such supplies is entitled to be reimbursed .....
View Complete Act List Judgments citing this section