The American Decisions: Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, from the Earliest Issue of the State Reports to the Year 1869, Volume 99Bancroft-Whitney, 1888 - Law reports, digests, etc |
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Results 1-5 of 83
Page 53
... sold for a fair price , " if made at the time the note was signed , makes it a mere conditional agreement , and an action cannot be sustained thereon without showing a fulfillment of the condition . PAROL EVIDENCE IS ADMISSIBLE TO SHOW ...
... sold for a fair price , " if made at the time the note was signed , makes it a mere conditional agreement , and an action cannot be sustained thereon without showing a fulfillment of the condition . PAROL EVIDENCE IS ADMISSIBLE TO SHOW ...
Page 55
... sold and agreed to convey the land described on compliance by the purchaser with the conditions to be performed on his part . The provision in regard to payment was as follows : " And the said party of the second part , for himself ...
... sold and agreed to convey the land described on compliance by the purchaser with the conditions to be performed on his part . The provision in regard to payment was as follows : " And the said party of the second part , for himself ...
Page 58
... sold by him as their agent ; and it was agreed that he should retain the money received for the tickets until he became satisfied that the drawing of the lottery was to be fairly con- ducted . One Kilgore was also employed by the firm ...
... sold by him as their agent ; and it was agreed that he should retain the money received for the tickets until he became satisfied that the drawing of the lottery was to be fairly con- ducted . One Kilgore was also employed by the firm ...
Page 59
... sold by himself ? It is insisted that he can recover that money because the illegal contract has been fully executed , the pur- chasers of the tickets having paid over the same to the defend- ant for the use of the plaintiff . It is ...
... sold by himself ? It is insisted that he can recover that money because the illegal contract has been fully executed , the pur- chasers of the tickets having paid over the same to the defend- ant for the use of the plaintiff . It is ...
Page 60
... sold by him , - should the court interfere and enforce a performance of his duty ? It seems to us that the court must decline to interfere on either side , upon the maxim , Ex turpi causa non oritur actio . In Hunt v . Knickerbocker , 5 ...
... sold by him , - should the court interfere and enforce a performance of his duty ? It seems to us that the court must decline to interfere on either side , upon the maxim , Ex turpi causa non oritur actio . In Hunt v . Knickerbocker , 5 ...
Contents
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Common terms and phrases
action adverse possession affirmed agent alleged amount appear appellant appellee authority bail Bank bill charge claim complaint contract conveyance conveyed corporation Cotzhausen counsel court court of equity covenant creditors damages debts deed defendant demurrer Ditch Company entitled equity error estopped estoppel Eureka Lake Water evidence execution facts filed granted grantor ground held homestead husband illegal indorsement injury instructions interest Iowa issued judgment lien jury Lake Water Company land levy liable lis pendens ment mortgage ne exeat negligence notice opinion owner paid party payment person plaintiff plaintiff in error possession premises purchaser purpose question quitclaim deed R. R. Co railroad record recover refused rule seisin sell sheriff sheriff's deed Smith sold statute statute of limitations stockholders suit sureties sustained thereof tion trial trustee ultra vires valid verdict void wife writ
Popular passages
Page 61 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Page 87 - The principle is that where the owner of two tenements sells one of them, or the owner of an entire estate sells a portion, the purchaser takes the tenement or portion sold, with all the benefits and burdens which appear at the time of the sale, to belong to it, as between it and the property which the vendor retains.
Page 654 - Where, however, the allegation of the claim or defense to which the proof is directed, is unproved, not in some particular or particulars only, but in its general scope and meaning, it is not to be deemed a case of variance, within the last two sections, but a failure of proof.
Page 439 - June, no Writ of Fieri facias, or other Writ of Execution, shall bind the Property of the Goods against whom such Writ of Execution is sued forth, but from the Time that such Writ shall be delivered to the Sheriff, Under-Sheriff, or Coroners, to be executed...
Page 663 - The general rule is that the validity of a contract is to be determined by the law of the state in which it is made; if...
Page 299 - ... provided, that this section shall not be construed to prevent a division and distribution of the capital stock of the company, which shall remain after the payment of all its debts, upon the dissolution of the corporation or the expiration of its charter.
Page 343 - ... every such conveyance not so recorded shall be void as against any subsequent purchaser in good faith and for a valuable consideration of the same real estate or any portion thereof whose conveyance shall be first duly recorded.
Page 632 - On the contrary, although he may be laboring under partial insanity, if he still understands the nature and character of his act, and its consequences; if he has a knowledge that it is wrong and criminal, and a mental power sufficient to apply that knowledge to his own case, and to know that, if he does the act, he will do wrong and receive punishment; such partial insanity is not sufficient to exempt him from responsibility for criminal acts.
Page 153 - ... in all cases where a condition of a bond, recognizance, &c., is possible at the time of the making of the condition, and, before the same can be performed, the condition becomes impossible by the act of God, or of the law, or of the obligee, &c., there, the obligation, Sic., is saved.
Page 354 - An act more effectually to provide for the punishment of certain crimes against the United States...