The Southern Law Review, Volum 7Soule, Thomas & Wentworth, 1882 |
Inni boken
Resultat 1-5 av 68
Side 28
... appears in the sample . ( 4. ) The mere exhibition of a sample at the time of a sale does not raise an implied warranty . ( 5. ) A manufacturer is held to warrant that the goods will answer the purpose intended . ( 6. ) A pledgee cannot ...
... appears in the sample . ( 4. ) The mere exhibition of a sample at the time of a sale does not raise an implied warranty . ( 5. ) A manufacturer is held to warrant that the goods will answer the purpose intended . ( 6. ) A pledgee cannot ...
Side 63
... appear , B. , who was ready , may treat the contract as broken . And modern prec- edents , moreover , both in England and the United States , favor the rule that a breach of contract arises upon a posi- tive refusal to perform ...
... appear , B. , who was ready , may treat the contract as broken . And modern prec- edents , moreover , both in England and the United States , favor the rule that a breach of contract arises upon a posi- tive refusal to perform ...
Side 72
... appear that where the words of the trust are , simply , " for the sole and separate use " of the wife , the husband ... appears , given rise to some difference of opinion , it being contended that the hus- band was thus , by necessary ...
... appear that where the words of the trust are , simply , " for the sole and separate use " of the wife , the husband ... appears , given rise to some difference of opinion , it being contended that the hus- band was thus , by necessary ...
Side 74
... appear that a conveyance by hus- band and wife would be subject to the lien of any judgment against the husband enforceable , in case he survived , upon his estate by the curtesy , if the lien still continued in force . And such , it is ...
... appear that a conveyance by hus- band and wife would be subject to the lien of any judgment against the husband enforceable , in case he survived , upon his estate by the curtesy , if the lien still continued in force . And such , it is ...
Side 120
... appears either on the face of the mortgage or by parol evidence that the mortgagee of per- sonal property has given ... appear , it becomes a question of law for the court to determine what shall be its legal effect.3 The courts of two ...
... appears either on the face of the mortgage or by parol evidence that the mortgagee of per- sonal property has given ... appear , it becomes a question of law for the court to determine what shall be its legal effect.3 The courts of two ...
Andre utgaver - Vis alle
Vanlige uttrykk og setninger
action administrator agent appear applied assignment authority bill of lading bona fide purchaser bonds carrier charge claim collateral common law consignee Constitution contract conveyance corporation court of equity creditors damages debts decision decree deed defendant Dist doctrine entitled equity estoppel evidence execution executor fact Federal courts fraud fraudulent heirs held husband injury interest Iowa judge judgment July 30 jurisdiction jury land liability lien March March 23 ment mortgage mortgageor N. J. Eq N. W. Rep negligence notice Ohio owner paid party payment plaintiff possession principle Probate Court proceedings promissory note purchaser question real estate reason receiver recover rule sect sell sold statute Statute of Frauds suit Supreme Court testator tion trial trust U. S. Cir U. S. Sup usage valid vendee vendor verdict void wife
Populære avsnitt
Side 213 - that the laws of the several states, except where the Constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States in cases where they apply.
Side 867 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself...
Side 868 - ... such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself — or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Side 490 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Side 785 - ... or where the decision will affect a class of cases, or furnish a precedent for the future action of any executive department in the adjustment of a class of cases, without regard to the amount involved in the particular case, or where any authority, right, privilege, or exemption is claimed or denied under the Constitution of the United States...
Side 910 - There seems no doubt that where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become unexpectedly burdensome or even impossible.
Side 785 - Aliens who are citizens or subjects of any government which accords to citizens of the United States the right to prosecute claims against such government in its courts, shall have the privilege of prosecuting claims against the United States in the Court of Claims, whereof such court, by reason of their subject matter and character, might take jurisdiction.
Side 391 - The power to regulate navigation is the power to prescribe rules in conformity with which navigation must be carried on. It extends to the persons who conduct it, as well as to the instruments used.
Side 663 - In actions of trespass, where the injury has been wanton and malicious, or gross and outrageous, courts permit juries to add to the measured compensation of the plaintiff which he would have been entitled to recover, had the injury been inflicted without design or intention, something further by way of punishment or example, which has sometimes been called "smart money.
Side 909 - The legislature shall direct by law in what manner and in what courts suits may be brought against the State.