American Law Reports Annotated, Volume 6Lawyers Co-operative Publishing Company, 1920 |
From inside the book
Results 1-5 of 99
Page 135
... Damages - - Appeal — rulings against appellee absence of cross appeal . - 2. Rulings against appellee which are not brought up by cross appeal cannot be reviewed . [ See 2 R. C. L. 182. ] - Damages failure to construct build- ing ...
... Damages - - Appeal — rulings against appellee absence of cross appeal . - 2. Rulings against appellee which are not brought up by cross appeal cannot be reviewed . [ See 2 R. C. L. 182. ] - Damages failure to construct build- ing ...
Page 136
... damages on this account in the sum of $ 10 , - 125.18 . During the progress of the action Grayer abandoned his origi- nal suit and asserted a claim against Young and Payne for 217 days ' service at $ 2 per day . On final hearing the ...
... damages on this account in the sum of $ 10 , - 125.18 . During the progress of the action Grayer abandoned his origi- nal suit and asserted a claim against Young and Payne for 217 days ' service at $ 2 per day . On final hearing the ...
Page 143
... damages . " III . Minority rule . In a few jurisdictions a contractor who wilfully varies from the terms of the contract in material or work may recover the contract price , less the cost of reconstructing the build- ing in accordance ...
... damages . " III . Minority rule . In a few jurisdictions a contractor who wilfully varies from the terms of the contract in material or work may recover the contract price , less the cost of reconstructing the build- ing in accordance ...
Page 144
... damages , but she must be held to be estopped from claiming demurrage . We have con- sidered the other defects . We are not impressed by the testimony referred to to sustain the claim for the addi- tional $ 500 to be awarded as damages ...
... damages , but she must be held to be estopped from claiming demurrage . We have con- sidered the other defects . We are not impressed by the testimony referred to to sustain the claim for the addi- tional $ 500 to be awarded as damages ...
Page 145
... damage , and there has been no waiver , the true rule for estimating the damages sustained by the owner , whether the action be for the contract price or for the value of the labor and materials , is to ascertain what it will cost to ...
... damage , and there has been no waiver , the true rule for estimating the damages sustained by the owner , whether the action be for the contract price or for the value of the labor and materials , is to ascertain what it will cost to ...
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Common terms and phrases
action affirmed agent agreement alimony alleged amount appeared appellant Asso automobile bailee Bank broker cause cause of action claim contract cotenant court held court of equity creditors damages death decree deed defendant duty entitled equity estopped estoppel evidence fact fence fendant foreclosure fraud grant grantor Hubble husband injury insured intestate Iowa judgment jury land liable ment Minn mortgage N. J. Eq N. Y. Supp negligence Negotiable Instruments Okla opinion ordinance owner paid parties payment person plaintiff plaintiff in error principal purchase question reason recover refused replevin rule running at large separate maintenance signature statute street suit supra testimony thereof tiff tion trial court ultra vires valid verdict wife wife's
Popular passages
Page 273 - A holder in due course holds the instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon.
Page 448 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Page 558 - ... in the case of partial incapacity the weekly payment shall in no case exceed the difference between the amount of the average weekly earnings of the workman before the accident and the average weekly amount which he is earning or is able to earn in some suitable employment or business after the accident...
Page 242 - That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 359 - Whenever the commission shall have reason to believe that any such person, partnership, or corporation has been or is using any unfair method of competition in commerce, and if it shall appear to the commission that a proceeding by it in respect thereof would be to the interest of the public...
Page 591 - Act, shall not be liable to attachment, garnishment, or other process, and shall not be seized, taken, appropriated, or applied by any legal or equitable process, or...
Page 467 - In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property or the value thereof, in case a return cannot be had, and damages for taking and withholding the same.
Page 210 - Nevertheless, notwithstanding the logical form of the objection, there are more powerful considerations on the other side. In the first place, it is established by a series of cases that an ulterior public advantage may justify a comparatively insignificant taking of private property for what, in its immediate purpose, is a private use.
Page 287 - A trustee may not use or deal with the trust property for his own profit, or for any other purpose unconnected with the trust, in any manner.
Page 98 - When a person affixes his property to the land of another, without an agreement permitting him to remove it, the thing affixed, except as otherwise provided in this chapter, belongs to the owner of the land, unless he chooses to require the former to remove it or the former elects to exercise the right of removal provided for in Section 1013.5 of this chapter.