Lawyers' Reports Annotated, Book 30Lawyers' Co-operative Publishing Company, 1896 |
From inside the book
Results 1-5 of 84
Page 36
... rule requiring the placing of the other party in statu quo , it is held that a party can- not rescind and at the same time retain a benefit under the contract . This rule is just and will equi- tably settle most cases to which the rule ...
... rule requiring the placing of the other party in statu quo , it is held that a party can- not rescind and at the same time retain a benefit under the contract . This rule is just and will equi- tably settle most cases to which the rule ...
Page 36
... rule that the neglect or refusal of one party to fulfil a contract will not entitle the other to rescind it . unless they can be placed in statu quo , yet the rule to this extent is understood to be applicable only to such entire ...
... rule that the neglect or refusal of one party to fulfil a contract will not entitle the other to rescind it . unless they can be placed in statu quo , yet the rule to this extent is understood to be applicable only to such entire ...
Page 36
... rule before declared , it would seem offered to deliver other silk which they con- that the attempt to rescind was illegal . sidered equally valuable , expressed their defendant , however , insists that the rule is willingness to come ...
... rule before declared , it would seem offered to deliver other silk which they con- that the attempt to rescind was illegal . sidered equally valuable , expressed their defendant , however , insists that the rule is willingness to come ...
Page 36
... rule times , and the seller tenders one instalment on that when the seller has agreed to deliver the the day specified , then , if the buyer refuses goods sold in instalments , and the buyer has to accept it , plainly his refusal must ...
... rule times , and the seller tenders one instalment on that when the seller has agreed to deliver the the day specified , then , if the buyer refuses goods sold in instalments , and the buyer has to accept it , plainly his refusal must ...
Page 73
... rule which ap- plies to rescission . It is the admitted rule that rescission cannot be resorted to where part of the contract has been executed and the parties cannot be placed in statu quo . The entire contract must be rescinded , or ...
... rule which ap- plies to rescission . It is the admitted rule that rescission cannot be resorted to where part of the contract has been executed and the parties cannot be placed in statu quo . The entire contract must be rescinded , or ...
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Common terms and phrases
action alleged amount appeal appellee Asso authority ballot Bank Berry Roberts ditch bill bonds breach chap circuit court claim common carrier common law Constitution contract conveyance corporation court of equity creditor damages Daniel Small death debt debtor decree deed defendant delivered district duty enjoined entitled equity execution sale exempt fact garnishment granted ground held husband and wife injunction injury Iowa judgment jurisdiction jury land legislature levy liability lien mechanic's lien ment Minn mortgage N. J. Eq Ohio St owner P. R. Co party payment performance personal property plaintiff plaintiff in error prevent purchaser purpose question railroad company recover refused replevin rescind rule Santa Ana river scire facias Stat statute suit supra supreme court Teleg tenants thereof tion trust void Westchester county
Popular passages
Page 335 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 386 - ... and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed ; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage.
Page 367 - The entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy, or if the hazard bo increased by any means within the control or knowledge of the insured...
Page 227 - ... in the appropriate margin or place a cross [X] opposite the name of the candidate...
Page 220 - 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 252 - Having no absolute right of recognition in other states, but depending for such recognition and the enforcement of its contracts upon their assent, it follows, as a matter of course, that such assent may be granted upon such terms and conditions as those states may think proper to impose.
Page 164 - A common carrier may, undoubtedly, become a private carrier, or a bailee for hire, when, as a matter of accommodation or special engagement, he undertakes to carry something which It Is not his business to carry.
Page 421 - The General Assembly shall provide by law for a uniform and equal rate of assessment and taxation ; and shall prescribe such regulations as shall secure a just valuation for taxation of all property, both real and personal, excepting such only for municipal, educational, literary, scientific, religious or charitable purposes, as may be specially exempted by law.
Page 78 - Nothing in this section shall prevent the division, at any time, of counties and towns, and the erection of new towns by the Legislature.
Page 335 - Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default, is such as would (if death had not ensued,) have entitled the party injured to maintain an action and recover damages, in respect thereof, then and in every such case, the person who, or the corporation which would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have...