The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, Volume 51Bancroft-Whitney, 1885 - Law reports, digests, etc |
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Results 1-5 of 67
Page 3
... intent of the contract were that plaintiff's orders should only be for the purpose of supplying his consuming customers and to the extent necessary for that purpose . It is not necessary to resort to construction , though there is not ...
... intent of the contract were that plaintiff's orders should only be for the purpose of supplying his consuming customers and to the extent necessary for that purpose . It is not necessary to resort to construction , though there is not ...
Page 55
... intent and purpose of the con- signor in shipping the bullion , or if this intent had been evidenced by any other conclusive unconditional act , such as a notice of the shipment to the consignee , then a delivery to the carrier , in pur ...
... intent and purpose of the con- signor in shipping the bullion , or if this intent had been evidenced by any other conclusive unconditional act , such as a notice of the shipment to the consignee , then a delivery to the carrier , in pur ...
Page 67
... intent ; and if a part- ner at all , he becomes so by the force and operation of his purchase of the one - fourth of the net profits of the mill , and by that alone . There is no doubt but that the agreement is competent evidence , and ...
... intent ; and if a part- ner at all , he becomes so by the force and operation of his purchase of the one - fourth of the net profits of the mill , and by that alone . There is no doubt but that the agreement is competent evidence , and ...
Page 72
... intent not to assume . " In the absence of a contract this intent is to be gathered from the acts of the parties and the character of the transaction . If the parties deal with the property in which they have a joint interest , as ...
... intent not to assume . " In the absence of a contract this intent is to be gathered from the acts of the parties and the character of the transaction . If the parties deal with the property in which they have a joint interest , as ...
Page 76
... intent ; and if he is one at all it must be by construction of law . What then are the indicia of partnership in this case ; the marks which force that construc- tion upon the court irrespective of the intent of the parties ; that in ...
... intent ; and if he is one at all it must be by construction of law . What then are the indicia of partnership in this case ; the marks which force that construc- tion upon the court irrespective of the intent of the parties ; that in ...
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Common terms and phrases
action agent agreement alleged Anderson 5 Mont appellant appellee applied authority Bank bill bill of lading carrier cause cent charge choses in action circumstances cited claim common carrier common law complainant consignee Constitution contract corporation court court of equity creditors damages debt debtor decision declared deed defendant defendant's delivery denied doctrine domicile duty entitled equity error evidence execution fact fraud freight held horse husband injury intent judge Judgment affirmed jury land larceny laws of France legislature liable mandamus marriage Mass ment mortgage negligence nuisance Ohio St opinion owner paid Parchen parties payment Penn person plaintiff plaintiff in error possession principle profits purchaser purpose question railroad company reason refused remedy rule says sold statute statute of frauds sustained testimony thereof tion trial wife witness
Popular passages
Page 434 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 811 - Duress, in its more extended sense, means that degree of constraint or danger, either actually inflicted or threatened and impending, which is sufficient, in severity or in apprehension, to overcome the mind and will of a person of ordinary firmness.* Opinion of the court.
Page 785 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Page 694 - The State of California is an inseparable part of the American Union, and the Constitution of the United States is the supreme law of the land.
Page 276 - It may be defined to be a transfer of the absolute or general property In a thing for a price in money.
Page 146 - ... or any other officer of the state, except legislative and judicial, elective or appointed, and to appoint a successor for the remainder of their respective unexpired term of office, and report the causes of such removal to the legislature, at its next session.
Page 696 - To declare what shall be a nuisance, and to abate the same ; and to impose fines upon parties who may create, continue or suffer nuisances to exist Seventy-sixth — To appoint a board of health, and prescribe its powers and duties.
Page 722 - Now, if the special circumstances under which the contract was actually made were communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances, so known and communicated.
Page 800 - Laws shall be passed, taxing by a uniform rule, all moneys, credits, investments in bonds, stocks, joint stock companies, or otherwise; and also all real and personal property, according to its true value in money...
Page 800 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations...