Simple Contract - Law Dictionary Search Results
Never Indebted, plea of
Never Indebted, plea of, a species of traverse which occurred in actions of debt on simple contract, and was resorted to when the defendant meant to deny in point of fact the existence of any
Merger
and consult Coote on Mortgages, 8th Edn. pp. 1455 et seq. When an engagement has been made by simple contract, and then the same engagement is made by deed, the simple contract is merged and extinguished in the … an engagement has been made by simple contract, and then the same engagement is made by deed, the simple contract is merged and extinguished in the deed. If an action is brought and judgment recovered, the right of
Sale and agreement to sell
Sale and agreement to sell, an agreement to sell is a contract pure and simple whereas a sale is contract plus conveyance, Instalment Supply Ltd. v. S.T.P., Ahmedabad-1, AIR 1974 SC 1105: (1974)
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Rent
the executors of a tenant was, before 32 & 33 Vict. c. 46, of a higher degree than simple contract debts, and of equal degree with specialty debts; but that Act has abolished the priority, see Shirreff v.
Promise
engagement is by parol only, for a promise by deed is technically called a covenant. See CONTRACT. A simple promise, i.e., a promise not under seal, made voluntarily and without a legal consideration, is not binding either
Specialty debts
c. 42); they formerly ranked in the administration of the estate of a deceased person in priority to simple contract debts; but this distinction was abolished by the Administration of Estates Act, 1869, 'Hinde Palmer's Act,' replaced by
General issue
the plea of 'not guilty' in torts; 'never indebted' to money counts, or 'nunquam assumpsit' to actions on simple contract (English) C.L.P. Act, 1852, Sched. B, 37). Pleading the general issue was abolished by the (English) Judicature Acts,
Retainer of debts
Since the (English) Administration of Estates Act, 1869, the right may be exercised against specialty as well as simple contract creditors [Re Hariss, (1914) 2 Ch 395]. Consult Williams or Ingpen on Executors; Seton on Judgments, 7th Edn.,
Record, Debts of
of a Court of record, such as a judgment, recognizance, etc. Since 1st January, 1870, all specialty and simple contract debts of deceased persons stand in equal degree in the administration of the estate of any one deceased.
Hinde Palmer's Act
Estates Act, 1869 (32 & 33 Vict. c. 46), which abolished the priority of specialty (see SPECIALTY) over simple contract debts in the administration of the estates of persons dying after 1st January, 1870. The Act has been
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