West Coast Reporter: Containing All the Decisions as Fast as Filed, of the Following Courts : United States Circuit and District Courts of California, Colorado, Nevada, and Oregon, and the Supreme Courts of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming, Volume 4A.L. Bancroft, 1884 - Law reports, digests, etc |
From inside the book
Results 1-5 of 75
Page 3
... contract , with intent to deceive the other party , or to induce him to enter into the contract , constitute actual fraud . In other words , if the act is done in order to induce the other party to enter into the contract , although ...
... contract , with intent to deceive the other party , or to induce him to enter into the contract , constitute actual fraud . In other words , if the act is done in order to induce the other party to enter into the contract , although ...
Page 40
... contract binding in law , for the rea- son that the law imposed upon the company duties to be performed , for the performance of which it was entitled to a compensation fixed by itself , and which the sender had no choice but to pay ...
... contract binding in law , for the rea- son that the law imposed upon the company duties to be performed , for the performance of which it was entitled to a compensation fixed by itself , and which the sender had no choice but to pay ...
Page 41
... contract for a valuable consideration received , to promise and not to promise , or to create and not to create an obligation or duty , at one and the same moment and by one and the same act ? The inconsistency and impossibility of such ...
... contract for a valuable consideration received , to promise and not to promise , or to create and not to create an obligation or duty , at one and the same moment and by one and the same act ? The inconsistency and impossibility of such ...
Page 47
... CONTRACT OF SALE - BREACH OF MEASURE OF DAMAGES . - In an action by a vendee to recover for the breach of a contract of sale , where the articles contracted to be sold had no market value , the measure of damages is the actual loss ...
... CONTRACT OF SALE - BREACH OF MEASURE OF DAMAGES . - In an action by a vendee to recover for the breach of a contract of sale , where the articles contracted to be sold had no market value , the measure of damages is the actual loss ...
Page 83
... contract were , we think , calculated to mislead the jury . We refer to that part of the charge in which the jury is told that : " If , however , at the time the contract was made , it was the fair understanding and intention of all ...
... contract were , we think , calculated to mislead the jury . We refer to that part of the charge in which the jury is told that : " If , however , at the time the contract was made , it was the fair understanding and intention of all ...
Contents
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Common terms and phrases
affidavit affirmed alleged amended amount appeal apply assessment attorney authority averment Ben Holladay cause of action certificate certiorari Chinese laborers city and county civil code claim common law community property complaint concurred constitution contract counsel county of San court of equity creditors damages declared defendant defendant's demurrer district court doctrine dollars duty election entered in favor entitled equity error evidence facts Filed October grant habeas corpus held hundred husband indictment intent interest issue judge Judgment and order jurisdiction jury land legislature marriage matter ment mortgage motion notice opinion order denying owner paid parties patent person petitioner plaintiff plaintiff in error possession provisions purchase purpose question reason record remanded respondent rule San Francisco separate property statute statute of limitations superior court supreme court sustained testimony thereof tion treaty trial United verdict wife writ
Popular passages
Page 211 - Persons severally liable upon the same obligation or instrument, including the parties to bills of exchange and promissory notes, and sureties on the same or separate instruments, may all or any of them be included in the same action, at the option of the plaintiff...
Page 59 - All laws should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression, or an absurd consequence. It will always, therefore, be presumed that the legislature intended exceptions to its language, which would avoid results of this character. The reason of the law in such cases should prevail over its letter.
Page 164 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants; and it may, when the justice of the case requires it, determine the ultimate rights of the parties on each side, as between themselves.
Page 599 - Senate, but shall only have a casting vote therein. If, during a vacancy of the office of Governor, the Lieutenant-Governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of his office, or be absent from the State, the President of the Senate shall act as Governor, until the vacancy be filled, or the disability shall cease.
Page 186 - Land, by township, range, section, or fractional section; and when such land is not a congressional division or subdivision, by metes and bounds, or other description sufficient to identify it, giving an estimate of the number of acres, not exceeding in each and every tract six hundred and forty acres, locality, and the improvements thereon.
Page 626 - ... if any such security or indebtedness shall be paid by any such debtor or debtors, after assessment and before the tax levy, the amount of such levy may likewise be retained by such debtor or debtors, and shall be computed according to the tax levy for the preceding year.
Page 279 - ... 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 164 - The former verdict or other decision may be vacated and a new trial granted, on the application of the party aggrieved, for any of the following causes, materially affecting the substantial rights of such party: 1.
Page 601 - In case of the impeachment of the Governor, or his removal from office, death, inability to discharge the powers and duties of the...
Page 274 - States, be considered as citizens thereof: and the children of persons who now are, or have been, citizens of the United States, shall though born out of the limits and jurisdiction of the United States...