The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, Volumen51Bancroft-Whitney, 1885 |
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Página 2
... present case , from January to June , the price of coal was such that defendants could have supplied coal under the agreement without loss . During this period plaintiff ordered of them less than one thousand five hundred barrels . From ...
... present case , from January to June , the price of coal was such that defendants could have supplied coal under the agreement without loss . During this period plaintiff ordered of them less than one thousand five hundred barrels . From ...
Página 27
... present case it is not a question as to a civil right , ex- clusively appertaining to a French citizen ; that the tacit agree- ment as to the community of goods , resulting from submission to articles 1393 , 1399 , 1340 , and the ...
... present case it is not a question as to a civil right , ex- clusively appertaining to a French citizen ; that the tacit agree- ment as to the community of goods , resulting from submission to articles 1393 , 1399 , 1340 , and the ...
Página 32
... present transaction no doubt Baldwin concealed facts which were within his own knowledge , and which were very mate- rial to the interests of the complainant ; the only debatable topic is whether it was the duty of the former to ...
... present transaction no doubt Baldwin concealed facts which were within his own knowledge , and which were very mate- rial to the interests of the complainant ; the only debatable topic is whether it was the duty of the former to ...
Página 34
... present such marked circumstances to show that one party reposed trust and confidence in the other , as does that before us . Here , it is as if the complainant , when making his offer , had said to Baldwin : " I know what declarations ...
... present such marked circumstances to show that one party reposed trust and confidence in the other , as does that before us . Here , it is as if the complainant , when making his offer , had said to Baldwin : " I know what declarations ...
Página 42
... present case possession has been taken under the promise and the expenditures upon improvements made ; yet it is insisted that equity will not enforce the promise , for the reason that it was to give , instead of having been to sell the ...
... present case possession has been taken under the promise and the expenditures upon improvements made ; yet it is insisted that equity will not enforce the promise , for the reason that it was to give , instead of having been to sell the ...
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Términos y frases comunes
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
Pasajes populares
Página 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.
Página 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.
Página 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...
Página 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.
Página 276 - It may be defined to be a transfer of the absolute or general property In a thing for a price in money.
Página 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.
Página 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.
Página 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.
Página 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...
Página 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...