Columbia Law Review, Volume 1Columbia University School of Law, 1901 |
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Page 60
... to show that by fraud , mistake , or surprise the written agreement did not contain the real terms ( 2 White & T. Lead . Cas . Eq . , pp . 929 , 496 ) ; Chambers v . Livermore ( 15 Mich . , 381 ) , 1867. But 60 COLUMBIA LAW REVIEW .
... to show that by fraud , mistake , or surprise the written agreement did not contain the real terms ( 2 White & T. Lead . Cas . Eq . , pp . 929 , 496 ) ; Chambers v . Livermore ( 15 Mich . , 381 ) , 1867. But 60 COLUMBIA LAW REVIEW .
Page 80
... contain a warranty . The difficulty experienced in reconciling these cases is increased rather than diminished by the following deliberate statement in the carefully con- sidered opinion in White v . Miller : " The case of Haw- kins v ...
... contain a warranty . The difficulty experienced in reconciling these cases is increased rather than diminished by the following deliberate statement in the carefully con- sidered opinion in White v . Miller : " The case of Haw- kins v ...
Page 83
... contain an implied , if not an express , warranty , that the bulk of the article sold corre- sponds with such sample " ; and to reject the doctrine of an implied warranty of merchantableness . Senator Paige , speaking for the minority ...
... contain an implied , if not an express , warranty , that the bulk of the article sold corre- sponds with such sample " ; and to reject the doctrine of an implied warranty of merchantableness . Senator Paige , speaking for the minority ...
Page 85
... contained in words in the con- tract , or which would be so contained if the contract were accurately drawn out . ' 33 2 Hamilton v . Gaynard , 2 Abb . App . , Dec. , 314 ( 1866 ) . 32 Kent's Comm . , 479 . 451 N. Y. , 198 ( 1872 ) . 5 ...
... contained in words in the con- tract , or which would be so contained if the contract were accurately drawn out . ' 33 2 Hamilton v . Gaynard , 2 Abb . App . , Dec. , 314 ( 1866 ) . 32 Kent's Comm . , 479 . 451 N. Y. , 198 ( 1872 ) . 5 ...
Page 130
... contained a similar term , it had been executed , and recovery was quantum valebat . Nominal damages , however , in the principal case did not carry costs , and the judgment is virtually for the defendant . DOMESTIC RELATIONS ...
... contained a similar term , it had been executed , and recovery was quantum valebat . Nominal damages , however , in the principal case did not carry costs , and the judgment is virtually for the defendant . DOMESTIC RELATIONS ...
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Popular passages
Page 279 - Future estates are either vested or contingent. They are vested when there is a person in being who would have an immediate right to the possession of the lands upon the ceasing of the intermediate or precedent estate. They are contingent while the person to whom, or the event upon which, they are limited to take effect, remains uncertain.
Page 43 - Until Congress shall provide for the government of such islands all the civil, judicial and military powers exercised by the officers of the existing government in said islands shall be vested in such person or persons and shall be exercised in such manner as the President of the United States shall direct; and the President shall have power to remove said officers and fill the vacancies so occasioned.
Page 505 - Take then thy bond, take thou thy pound of flesh; But, in the cutting it, if thou dost shed One drop of Christian blood, thy lands and goods Are, by the laws of Venice, confiscate Unto the state of Venice.
Page 114 - Spain relinquishes all claim of sovereignty over and title to Cuba. And as the island is, upon its evacuation by Spain, to be occupied by the United States, the United States will, so long as such occupation shall last, assume and discharge the obligations that may under international law result from the fact of its occupation, for the protection of life and property.
Page 541 - Territory, or remaining therein for use, consumption, sale, or storage therein, shall upon arrival in such State or Territory be subject to the operation and effect of the laws of such State or Territory enacted in the exercise of its police powers, to the same extent and in the same manner as though such animals or birds had been produced in such State or Territory, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise.
Page 458 - A system which provides a mutual exchange of commodities is manifestly essential to the continued and healthful growth of our export trade. We must not repose in fancied security that we can forever sell everything and buy little or nothing.
Page 362 - VII. That to enable the United States to maintain the independence of Cuba, and to protect the people thereof, as well as for its own defense, the government of Cuba will sell or lease to the United States lands necessary for coaling or naval stations at certain specified points to be agreed upon with the President of the United States.
Page 157 - Blockades in order to be binding must be effective. 4. Spanish merchant vessels in any ports or places within the United States shall be allowed till May 21, 1898, inclusive, for loading their cargoes and departing from such ports or places; and such Spanish merchant vessels, if met at sea by any United States...
Page 152 - ... or unwilling to stop or mitigate. It is no answer to say this is all in another country, belonging to another nation, and is therefore none of our business. It is specially our duty, for it is right at our door.
Page 94 - Association is formed to cultivate the science of jurisprudence, to promote reform in the law, to facilitate the administration of justice, to elevate the standard of integrity, honor and courtesy in the legal profession, and to cherish a spirit of brotherhood among the members thereof.