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action, contract and release

DEMAND, a technical term in law, of comprehensive meaning. When referred to contracts it means a claim, a legal obligation, Its correlative is release, and a release of all demands is a release of all covenants real and personal, whether the conditions are broken or not, of all annuities, recognizances, obligations and contracts. Demand, in the practice of law, is a requisition made by one individual to another to do a particular thing, namely, pay some debt, fulfil some contract, release pme person or property. Demands are either ex press or implied. Sometimes an express de mand is required before action can be taken, in other cases the law requires no more than the demand implied by bringing an action. Whether an express demand is required before a plaintiff can commence action 'to enforce ful filment of a contract depends upon the express or implied stipulations of the parties to the contract. When no date is given in a contract for its fulfilment, whether in the case of a promissory note, or in the contracting of a debt, the payment of the obligation is due on the present day, or immediately on demand. It

is requisite, in some cases arising ex delicto, that is, in some criminal cases, to make a de mand for the restoration of the right before the commencement of an action, or, for instance, when the wife or other member of the plain tiff's household has been enticed away, in order to constitute the party a wilful wrongdoer, a demand for restoration must be made. When property lawfully obtained possession of is un lawfully detained, or converted, a demand for the delivery of its possession to the owner is requisite before an action can be laid. When an order to pay, or to do something has been made a rule of court, a demand for the pay tnent of the money, or performance of the thing must be made before an attachment will be made for contempt. In like manner, before action can be taken for breach of promise of marriage, a demand for marriage must be made by the plaintiff, unless the defendant has mar ried another person, or has refused to marry at any time. See CONTRACT; RECOGNIZANCE; RELEASE.