The Freedom Network
Published by Jerry Coker ·
Soo, the DL, the SSN, the Driving permit, and others...
24bb. Nudum pactum (a naked contract) is where there is no consideration except the agreement; and does not create an obligation. Plowd. 309; Broom, Max. 745, 750; Dig. 2, 14, 7, 4;
2 £/. Comm. 445; Code. 4, 65, 27.
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. 24dd. From an illegal contract an action does not arise. Broom, Max.742.24ee. 24ii. An obligation without a mutual and concurrent intention of the parties but which is implied or
arising from the liability is a quasi contract. Woods v. Ayres, 39 Mich. 350; 33 Am. Rep. 396. 24jj. A bond is released in the same manner by which it is contracted or bound. Co. Litt. 2l2b; Broom,
Max. 891; Livingston v. Lynch,
4 Johns. Ch. (N.Y.) 582.