Contracts

  • 24a.  An action cannot be founded on a barren or unconditional contract. C.L.M.
  • 24e.  Contracts have no locality.  The obligation of a contract is purely personal, and actions to enforce it may be brought anywhere. 2 Inst.231; 1 Smith, Lead. Cas. 340, 363; Story, Confl. Laws, s. 362.
  • 24i.  Private contracts (or agreements) cannot derogate from public law or right. Broom, Max. 695; 7 Coke, 23; Wing. Max. max. 201; Co. Litt. 166a; Dig. 50, 17, 45, 1.
  • 24w.  Nothing is so natural as that an obligation should be dissolved by the same mode and principles in which it were contracted. Dig. 50, 17, 35; 2 Inst. 359, 360; Esmond v. Van Benschoten, 12 Barb. (N.Y.) 366, 275; Therefore, an obligation by words is taken away by words; an obligation of mere consent is dissolved by contrary consent. Broom, Max. 887.
  • 24cc.  In contracts, when the question is what was agreed upon, the terms are to be interpreted against the party offering them. Dig. 45, 1, 38, 18; 2 Kent, Comm. 721.

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