The Northwestern Reporter, Volume 186West Publishing Company, 1922 |
From inside the book
Results 1-5 of 100
Page 2
... agreement as to a commission in writing , and that while the defendant was in the act of dictating the instrument copied above , plaintiff wrote an agreement , signed only by himself , agree ing to accept $ 1,500 in full of all commis ...
... agreement as to a commission in writing , and that while the defendant was in the act of dictating the instrument copied above , plaintiff wrote an agreement , signed only by himself , agree ing to accept $ 1,500 in full of all commis ...
Page 12
... agreement of rescission upon the parties when it ap- pears there was in fact no such agreement . his rescission upon a breach of warranty on suffice . The mere termination or cancella- the sale of the truck . It is well settled that ...
... agreement of rescission upon the parties when it ap- pears there was in fact no such agreement . his rescission upon a breach of warranty on suffice . The mere termination or cancella- the sale of the truck . It is well settled that ...
Page 23
... agreement , oral át first , by which the Clark , Dwinell & Meltzer , of Sibley , and son and son's wife would remain for a time L. E. Francis , of Des Moines , for appellants . not definitely fixed and care for deceased , T. E. Diamond ...
... agreement , oral át first , by which the Clark , Dwinell & Meltzer , of Sibley , and son and son's wife would remain for a time L. E. Francis , of Des Moines , for appellants . not definitely fixed and care for deceased , T. E. Diamond ...
Page 28
... agreement ; defendants giving the invalid support , care , and nursing , and receiving from the guardian the stipulated compensa- tion therefor . During all that time defend- ants asserted no right , title , or interest in or to the ...
... agreement ; defendants giving the invalid support , care , and nursing , and receiving from the guardian the stipulated compensa- tion therefor . During all that time defend- ants asserted no right , title , or interest in or to the ...
Page 76
... agreement . In the language of the opinion , and the mortgage upon the records ; a formali- " the contract is silent upon that subject . " ty which it was agreed should operate as a de- Is not the law fulfilled when the contract is ...
... agreement . In the language of the opinion , and the mortgage upon the records ; a formali- " the contract is silent upon that subject . " ty which it was agreed should operate as a de- Is not the law fulfilled when the contract is ...
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Common terms and phrases
affirmed agent agreed agreement alleged amendment amount Appeal from District appellant appellee application assessment attorney bank bill bonds Cass county cause of action claim Code commission contract contributory negligence corporation Coun counsel damages deceased decree deed defendant defendant's delivered dence denied Digests and Indexes directed verdict District Court election entitled error estoppel evidence executed fact Fargo fendant filed fraud held injury interest Iowa issue Judge judgment jury Key-Numbered Digests land lease liability ment Milwaukee Milwaukee County Minn mortgage motion Nebraska City negligence North Dakota notice opinion owner paid parties payment person petition plaintiff Polk county proceedings question reason record rule statute sufficient Supreme Court sustained Syllabus testified testimony thereof tiff tion topic and KEY-NUMBER trial court verdict wife witness writ
Popular passages
Page 73 - 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 71 - An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer it is negotiated by delivery ; if payable to order it is negotiated by the indorsement of the holder completed by delivery.
Page 71 - 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 272 - Any agreement, declaration, or course of action on the part of an insurance company, which leads a party insured honestly to believe that by conforming thereto, a forfeiture of his policy will not be incurred, followed by due conformity on his part, will and ought to estop the company from insisting upon the forfeiture, though it might be claimed under the express letter of the contract.
Page vii - Where, in effect, it determines the action and prevents a judgment from which an appeal might be taken.
Page 378 - A majority of the members of said board shall constitute a quorum, but a less number may adjourn from day to day.
Page 71 - A holder in due course is a holder who has taken the instrument under the following conditions:— 1. 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.
Page 125 - ... evidence of it may be lacking, but it is evidence to be weighed, not necessarily to be accepted as sufficient; that they call for explanation or rebuttal, not necessarily that they require it; that they make a case to be decided by the jury, not that they forestall the verdict. Res ipsa loquitur, where it applies, does not convert the defendant's general issue into an affirmative defense. When all the evidence is in, the question for the jury is, whether the preponderance is with the plaintiff.
Page 171 - States of competent jurisdiction ; but such person or persons shall not have the right to pursue both of said remedies, and must in each case elect which one of the two methods of procedure herein provided for he or they will adopt.
Page 185 - SW 929, the defendant, likewise convicted of rape on a female under the age of consent, assigned as error the refusal of the trial court to submit to the jury the issue...