The Pacific Reporter, Volume 90West Publishing Company, 1907 |
From inside the book
Results 1-5 of 100
Page 11
... damages for the breach of an oral contract to deliver corn . The plaintiff below , the Kildare Elevator Company , alleged that it entered into an oral agreement with the defendant Gabriel , by which he agreed to sell and deliver to the ...
... damages for the breach of an oral contract to deliver corn . The plaintiff below , the Kildare Elevator Company , alleged that it entered into an oral agreement with the defendant Gabriel , by which he agreed to sell and deliver to the ...
Page 26
... damages for a breach of it , or set it aside at the suit of the other , or , when the agreement has been executed in whole or in part by the payment of money or the transfer of other property , lend its aid to recover it back . The ...
... damages for a breach of it , or set it aside at the suit of the other , or , when the agreement has been executed in whole or in part by the payment of money or the transfer of other property , lend its aid to recover it back . The ...
Page 33
... damages by a property owner who was injuriously affected thereby . Two points were decided by the court : ( 1 ) That injunction in such circumstances will not be awarded ; and ( 2 ) that the maintenance of such a sewer , no part of the ...
... damages by a property owner who was injuriously affected thereby . Two points were decided by the court : ( 1 ) That injunction in such circumstances will not be awarded ; and ( 2 ) that the maintenance of such a sewer , no part of the ...
Page 51
... damages are immaterial . [ Ed . Note . - For cases in point , see Cent . Dig . vol . 3 , Appeal and Error , §§ 4035 , 4036. ] Appeal from Superior Court , Santa Cruz County ; Lucas F. Smith , Judge . Action by Wood , Curtis & Co ...
... damages are immaterial . [ Ed . Note . - For cases in point , see Cent . Dig . vol . 3 , Appeal and Error , §§ 4035 , 4036. ] Appeal from Superior Court , Santa Cruz County ; Lucas F. Smith , Judge . Action by Wood , Curtis & Co ...
Page 52
... damages because of refusal of plaintiff to deliver the balance of the fruit . The court said : " Of course , defendant was not en- titled to recover damages as for breach of the contract on the part of plaintiffs with- out showing ...
... damages because of refusal of plaintiff to deliver the balance of the fruit . The court said : " Of course , defendant was not en- titled to recover damages as for breach of the contract on the part of plaintiffs with- out showing ...
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Common terms and phrases
A. B. Campbell affirmed alleged amended amount answer appeal assessment authority bond cause of action Cent certificate charged claim Cloud county Code Colo complaint concur constitute contract corporation counsel court of equity damages decree deed defendant in error defendant's demurrer denied district court duty entitled evidence execution fact fendant filed findings held Idaho injunction injury instruction interest issue Judge judgment jury Justice land liability lien ment Mitchell county mortgage motion Note.-For notice objection overruled owner paid pari delicto parties payment person petition plaintiff in error pleadings proceedings purchase purpose question quiet title railroad reason record replevin rule statute sufficient Superior Court Supreme Court surety sustained testimony thereof tiff tion tract trial court trust verdict water right witness writ
Popular passages
Page 23 - ... a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property, subject to the provisions of this act, than it charges, demands, collects, or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is hereby...
Page 23 - That it shall be unlawful for any common carrier subject to the provisions of this act to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, or locality, or any particular description of traffic, in any respect whatsoever...
Page 24 - That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect or receive from any person or persons a greater or less compensation...
Page 115 - Mechanics, material-men, artisans, and laborers of every class shall have a lien upon the property upon which they have bestowed labor or furnished material, for the value of such labor done and material furnished; and the Legislature shall provide, by law, for the speedy and efficient enforcement of such liens.
Page 358 - Every act shall embrace but one subject, and matters properly connected therewith, which subject shall be expressed in the title.
Page 24 - That any common carrier subject to the provisions of this act, or, whenever such common carrier is a corporation, any director or officer thereof, or any receiver, trustee, lessee, agent, or person acting for or employed by such corporation...
Page 39 - ... and other inferior Courts in their respective counties as may be prescribed by law. They shall be always open (legal holidays and non-judicial days excepted), and their process shall extend to all parts of the State; provided, that all actions for the recovery of the possession of, quieting the title to, or for the enforcement of liens upon real estate, shall be commenced in the county in which the real estate, or any part thereof affected by such action or actions, is situated.
Page 388 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 368 - 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.
Page 307 - It exists only in contemplation of law and by force of the law; and where that law ceases to operate, and is no longer obligatory, the corporation can have no existence. It must dwell in the place of its creation, and cannot migrate to another sovereignty.