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" A contract executed, as well as one which is executory, contains obligations binding on the parties. A grant, in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that right. A party is, therefore,... "
Commentaries on the Jurisdiction, Practice, and Peculiar Jurisprudence of ... - Pagina 310
door George Ticknor Curtis - 1854 - 635 pagina’s
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Register of Debates in Congress: Comprising the Leading Debates and ...

United States. Congress - 1825 - 738 pagina’s
...Government are transferable, or the proper objects of contract. A grant (and such is a charter) extinguishes the right of the grantor, and implies a contract not to reassert that right until the end of the charter; yet it is not competent for the Secretary or the President to take advantage...
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Reports of Cases Argued and Determined in the Supreme Court of Alabama, Volume 3

Alabama. Supreme Court, George Noble Stewart - 1835 - 526 pagina’s
...contains obligations binding on the parties. A grant in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that right. If under a fair construction of the constitution, grants are comprehended under the term contracts,...
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Speeches and Forensic Arguments

Daniel Webster - 1830 - 518 pagina’s
...contains obligations binding on the parties. A grant, in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that right. If under a fair construction of the constitution, grants are comprehended under the term contracts,...
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Commentaries on American Law, Volume 1

James Kent - 1832 - 590 pagina’s
...invalidity, and though that party be the legislature of a state. A grant amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that right. A grant from a state is as much protected by the operation of the provision of the constitution, as a...
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Commentaries on the Constitution of the United States: With a ..., Volume 1

Joseph Story - 1833 - 800 pagina’s
...chargeable with such folly, or inconsistency. Every grant in its own nature amounts to an extinguishment of the right of the grantor, and implies a contract not to re-assert it. A party is, therefore, always estopped by his own grant. How absurd would it be to provide, that...
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Reports of Cases Argued and Determined in the Supreme Court of Judicature of ...

Indiana. Supreme Court, Isaac Newton Blackford - 1836 - 550 pagina’s
...contains obligations binding on the parties; that a grant, in its nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that right; and that in fact, a grant is a contract executed, and that its obligation as such continues in force,...
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Speech of James Madison Porter ...: In the Convention of Pennsylvania, on ...

James Madison Porter - 1837 - 72 pagina’s
...its own nature, amounts to an extinguishment of the right of the grantor, »nd implies a contract nut to reassert that right. A party is, therefore, always...continues, and since the constitution uses the general terra contract, without distinguishing between those which are executory and those which are executed,...
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The Southern Botanic Journal, Volumes 1-2

1838 - 860 pagina’s
....Every grant (whether by the Legislature or otherwise) in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert it. — Contracts too are express or implied. Express contracts are where the terms of the agreement...
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Proceedings and Debates of the Convention of the Commonwealth of ..., Volume 5

Pennsylvania. Constitutional Convention - 1838 - 696 pagina’s
...contains obligations binding on the parties. A grant, in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract...continues, and since the constitution uses the general termcontract, without distinguishing between those which are executory and those which are executed,...
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - 1839 - 762 pagina’s
...contains obligations binding on the parties. A grant, in its own nature, amounts to an extinguishment of the .right of the grantor, and implies a contract...then, in fact, a grant is a contract executed, the obliga6 Cr. 136. tion of which still continues, and since the constitution uses the general term "contracts,"...
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