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eBook details

• Title: Nunez v. Dautel
• Author : United States Supreme Court
• Release Date : January 01, 1873
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 49 KB

Description

Mr. R. J. Moses, for the plaintiff in error, contended that the instruction was erroneous; that in indebitatus assumpsit, the promise, either express or implied, was the gist of the action;1 that in this case, there being an express promise, none could be implied; that the express promise in the case being conditional, would not alone support the verdict; and that the question in issue had been, as he conceived, adjudged in Tanner v. Smart.2 Messrs. J. D. Pope and R. McPhail Smith, contra, citing Smith v. Forty,3 and other cases.4

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