REPUGNANT. That which is contrary to something else; a repugnant condition is one contrary to the contract itself; as, if I grant you a house and lot in fee, upon condition that you shall not aliens, the condition is repugnant and void. Bac. Ab. Conditions, L.
REPUGNANT CONDITION. One which is contrary to the contract itself; as, if I grant you a house and lot in fee, upon condition that you shall not aliens, the condition is repugnant and void, as being consistent with the right granted.
REPUTATION, evidence. The opinion generally entertained by persons who know another, as to his character, or it is the opinion generally entertained by person; who know a family as to its pedigree, and the like.
2. In general, reputation is evidence to prove, 1st. A man's character in society. 2d. A pedigree. 3d. Certain prescriptive or customary rights and obligations and matters of public notoriety. But as such evidence is in its own nature very weak, it must be supported. 1st. When it relates to the exercise of the right or privilege, by proof of acts of enjoyment1 of such right or privilege, within the period of living memory; 1 Maule Selw. 679; 5 T. R. 32; afterwards evidence of reputation may be given. 2d. The fact must be of a public nature. 3d. It must be derived2 from persons likely to know the facts. 4th. The facts must be general and, not particular. 5th. They must be free from suspicion. 1 Stark3. Ev. 54 to 65. Vide 1 Har. M'H. 152; 2 Nott M'C. 114 5 Day, R. 290; 4 Hen. M. 507; 1 Tayl. R. 121; 2 Hayw. 3; 8 S. R. 159; 4 John. R. 52; 18 John. R. 346; 9 Mass. R. 414; 4 Burr. 2057; Dougl. 174; Cowp. 594; 3 Swanst. 400; Dudl. So. Car. R. 346; and arts. Character; Memory.
REQUEST, contracts. A notice of a desire on the part of the person making it, that the other party shall do something in relation to a contract.
2. In general when a debt exists payable4 immediately, the law does not impose on the creditor5 to make a request of payment. But when by the express terms of a contract, a request is necessary, it must be made. And in some cases where there is no express agreement a request is also requisite6; as where A sells a horse to B to be paid for on delivery, a demand or request to deliver must be made before B can sustain an action; 5 T. R. 409; 1 East, 209; or, it must be shown that A has incapacitated himself to deliver the horse because he has sold the horse to another person. 10 East. 359; 5 B. A. 712. On a general promise to marry, a request must be made before action, unless the proposed defendant7 has married another. 2 Dow. Ry. 55. Vide Demand.
3. A request, like a notice, ought to be in writing and state distinctly what is required to be done without any ambiguous terms. 1 Chit. Pr. 497, 498.
