Business Law for Business Men: A Reference Book Showing the Laws of California for Daily Use in Business Affairs

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A.J. Bledsoe, 1903 - 480 sider
 

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Section 13Alteration of Verbal Contract
33
Section I7Termination of Contracts
34
Section 20Interpretation of Contracts
35
Section 21Printed and Written Parts of Contract
36
Agreement to Sell Real Property
37
Where Delivery Must Be Made
38
Section 31Buyers Directions as to Manner of Sending Things Sold
39
STOPPAGE IN TRANSIT Section 32When Seller or Consignor May Stop Goods in Transit
41
Section 33Resale of Personal Property
42
WARRANTY OF PERSONAL PROPERTY Pace Section 35Warranty of Title
43
Section 38Manufacturers Warranty against Defects
44
Warranty of Provisions for Domestic Use
45
When Auction Sale Is Complete
46
Section 48Frauds upon the Buyer
47
Deposit for Exchange
48
STORAGE OF PERSONAL PROPERTY Section 54Storage
49
Section 57When Warehouse Receipt Is Not Negotiable 5I Section 58Removal of Property by Warehouseman
51
Section 60Liability of Warehouseman
52
Section 62Warehousemans Liability for Loss by Fire
53
Section 65Exemption from Liability in Certain Cases
55
What Property Must Be Deposited in the Safe
56
Section 67Liability of Hotel Boardinghouse and Lodginghouse Keepers for Loss by Fire
57
Section 68Liability of Hotel Boardinghouse and Lodginghouse Keepers for Loss by Theft
58
Lien of Hotel Boardinghouse and Lodginghouse Keeper on Baggage and Other Property
59
Section 72 Defrauding Hotel Keepers LANDLORD AND TENANT Section 73Leases of Real Estate
61
Section 75When Verbal Lease May Be Made
62
Section 79When Lessee May Make Repairs
63
Renewal of Lease
64
Section 83When Rent Is Payable
65
How Notice to Quit Must Be Served
66
Tenant Must Deliver Notice Served on Him
67
Section 90Obligations of the Employee
68
Termination of Employment
69
MASTER AND SERVANT Section 92Who Is a Servant 7o Section 93Term of Hiring
70
When Servant May Be Discharged
71
Authority of Agent
72
What Included in Authority to Sell Real Estate
73
Section 1oz Agent Cannot Have Authority to Defraud Principal
74
Section 103Agents Actual Authority
75
Section 105Ratification of Agents Acts
76
Section 106How Agency Is Created
77
Section 108Obligations of Agents to Third Persons
79
MANUFACTURERS AGENTS
86
Section 137In Whose Name Insurance May Be Put
92
Section 152When Contract Fulfilled and Commission Earned
96
What Is Sufficient Authority from Corporation
97
Ratification of Unauthorized Employment by Cor poration
98
Section 156Failure of Sale by Defective Title IoI Section 157 Failure of Owner to Remove Defects
101
Ratifying Authority of Brokers IOI Section 159 What Is Good Title IO2 Section 160Sale by Owner
102
Commissions upon Sale or Exchange by Owner IO2 Section 162 Sale by Owner through Another Agent I03 Section 163Misrepresentation by Owner
103
What Constitutes a Sale by Owner
104
Liability of Agent under Contract to Sell for Speci fied Amount IO5 Section 166 Liability of Owner to Auctioneer I05 Section 167 What Agent Must...
105
Section 168Agents Mistake as to Title
106
Repudiation of Contract by Vendor
107
Terms of Payment and Refusal to Accept Tender Io Section 171 Husband Giving Agent Property of Wife to Sell Io Section 172What Constitutes Fin...
108
Section 174Amount of Commissions I09 Section 175Prevention of Sale by Owner I09 Section 176 When Purchaser and Owner Are Not Brought To ...
109
When Owner Must Return Money Paid on Contract I 12
112
Section 180Power of Attorney to Agent to Make Deed II3 Section 181 Risk of Purchaser Who Takes Lawyers Advice as to Title II 3
113
Agents Knowledge of Title II4 Section 184 Interest Allowed by Law on Agents Commissions I 14
114
Commissions out of Purchase Money II5 Section 188Selling Land on Shares II5 Section 189 Purchase by Agent from Himself
115
Purchase by Agent from Principal I 16
116
Section 194Authority of Agent Making Lease for Term Longer than One Year
117
FIRE INSURANCE CONTRACT PAGE Section 196Contract between the Parties
118
Section 197Designation of Parties II9 Section 198Insurable Interest
119
Section 199Measure of Interest in Property I2O Section 200When Insurable Interest Must Exist
120
Section 20I Insurance without Interest Illegal I2I Section 202Wager Policies Void I2 I
121
The Policy of Insurance
123
Section 205Open and Valued Policies I24 Section 206 Running Policy I24 Section 207Acknowledgment in Policy of Receipt of Premium
124
Section 209Certain Warranties I25 Section 210 What Acts Avoid Policy I25 Section 211 Exoneration of Insurer I25 Section 212Notice of Loss
125
Section 213Preliminary Proofs of Loss
126
Section 215Alteration Increasing Risk
127
Section 219Falsity of Material Representations by Insured I28 Section 220Statements as to Valuations I29 Section 221Rights of Mortgagee Effect of ...
129
Section 223Right of Arbitration I30 Section 224 Waiver of Proof of Loss by Arbitration
130
Section 225Waiver of Condition as to Prepayment of Premium
131
Insurance of Unoccupied Building I32 Section 228 Payment of Policy
132
Section 229Condition as to Change Occurring in Building I32 Section 230 Rules for Interpreting Contract of Insurance I33 Section 231 Time When ...
135
Contract of Reinsurance Effect of Prior Loss
136
Provision as to Bringing Suit
138
Section 236Liability of Heir for Premium
139
FIRE INSURANCE AGENTS Section 239Appointment and Authority of Agents
140
Section 240Brokers or Agents
141
Section 241Agent Waiving Forfeiture
142
Section 242Authority of Local Agent I43 Section 243Ostensible General Power of Local Agent I43 Section 244 Knowledge of Agent Is the Knowled...
143
Section 245Oral Waiver of Indorsement by Local Agent I44 Section 246 Application Made Out by Agent of Company
144
Fraud of Agent Disobedience of Instructions I45 Section 248 Waiver of Petroleum Clause by Agent I45 Section 249Waiver Continues during Renew...
146
BUILDING CONTRACTS Section 256 Contract Must Be in Writing
148
Section 259Time of Payments I49 Section 260 Last Payment I49 Section 261Contractors Bond
149
Form of Builders Contract
150
Reference to Plans and Specifications in Contract I55 Section 265When Contract Wholly Void
156
Building Contract Where Price Does Not Exceed One Thousand Dollars
157
Section 272Notice to Owner
158
Section 275Agreement as to Extra Work I59 Section 276Loss by Fire before Completion
159
Contract Providing for Arbitration I6o Section 278Suit for Reasonable Value of Work and Materials
160
Section 279Invalid Memorandum I6I Section 28o Substantial Performance
161
Owner Not Liable for Damages on Unrecorded Contract
163
MECHANICS LIENS Section 284 The Persons Entitled to Liens
164
Advance Payments Do Not Affect Lien
165
What Interest in the Land Subject to the Lien
166
Section 291Effect of Mechanics Lien
167
Fee for Recording Owners Notice I68 sº 295Time within Which Original Contractor May File 68 len i
168
Occupation or Use of Building Equivalent to Com pletion
169
When Suit Must Be Commenced to Foreclose Lien
170
Measure of Recovery by Contractor
171
Section 307Lien May Be Waived and Personal Action Brought
172
Conspiracy between Owner and Contractor I73 Section 311 Building Constructed under Distinct Contracts Who Is Original Contractor
173
Section 312Allowance of Interest I74 Section 313 Allowance of Attorneys Fees I74 Section 314 Priority of Lien for Materials over Mortgage I74 Sec...
174
When Contractor Not Entitled to Lien I75 Section 317 Deduction by Owner of Amount of Foreclosed Lien
175
Section 320Notice by Materialman to Trustees of State Insti tution
176
Section 323Time of Filing Claims of Subcontractors
177
Section 326No Lien against a Public Building I79 Section 327Right of Materialman to Give Notice
179
Section 328Elevator Part of Building 18O Section 329Description of Mining Claim
180
Section 330Dwellinghouse Land Subject to Lien
181
Section 333Real or Reputed Owner
182
Section 335Duty of Owner upon Receiving Notice of Material mans Claim
183
Materials Must Be Expressly Furnished for Structure Charged with Lien
184
Section 342Architects Lien
185
Architect Has No Lien against Monument in Public Park
186
Section 345Payments Made on Architects Certificate
187
Section 348Architects Plans Part of Contract I88 Section 349Contract Void for Failure to Record Specifications
188
Liability of Architect for Negligence
189
Section 353Liability for Disclosing Intention of Owner I90 Section 354 Time Spent on Plans and Specifications I90 LIENS FOR SALARY AND WA...
190
Section 356Preferred Claims for Wages and Salaries against Estates I91 Section 357Wages and Salaries in Case of Attachment and Execution
191
VENDORS LIEN Section 358Lien of Seller of Real Property I92 Section 359 When Transfer of Contract Waives Vendors Lien
192
Lien of Seller of Personal Property I93 LIENS ON PERSONAL PROPERTY Section 362 Lien for Services
193
Lien of Livery Stable Proprietors I93 Section 363 Defrauding Livery Stable Keepers
194
Lien for Pasturing Horses or Stock I95 Section 365Lien of Laundry Proprietors
195
Lien for Repairing Personal Property I95 Section 367Officers Lien
196
When Suit Must Be Commenced to Foreclose Lien
197
Undertaking an Attachment
198
Proceeds of Sale Distributed Pro Rata I99 Section 379No Notice Required I99 Section 380Lien Is Assignable
199
Section 382Claim to be Filed 2OO Section 383Notice to Subsequent Purchasers 2OO Section 384 False Representations Invalidate Lien 2OO Section ...
200
Section 386Attachment as Security 2OI DAMAGES FOR BREACH OF CONTRACT Section 387Measure of Damages 2OI Section 388 Breach of Co...
201
Section 389Breach of Warranty of Title 2O2 Section 390 Damages in Case of Exchange of Lands 2O2 Section 391 Breach of Agreement to Convey ...
202
Breach of Warranty of Title to Personal Property
203
Damages for Breach of Other Contracts
204
PARTNERSHIP Section 398What Constitutes a Partnership
205
Section 399Formation of Partnership
206
Partners Interest in Partnership Property 2O6 Section 402 Possession of Partnership Property
207
Application of Partnership Property to Payment of Debts
208
Section 405What Is Partnership Property
209
Section 407Liability of Partners to Account 2II Section 408 Compensation for Services to Firm
211
Section 409Renunciation of Partnership
212
Power of Majority of Partners 2I3 Section 411 Authority of Individual Partner
213
Section 412What Partner Cannot Do
214
Section 413Partner Engaging in Other Business
215
Doing Business under Fictitious Name
216
Certified Statement of Special Partnership
217
Rights of Special Partners
218
Section 423Profits and Losses in Mining Partnership
219
Liability of Mining Partners
220
New Member of Mining Partnership 22I Section 427Contract in Writing 22I Section 428Owners of Majority of Shares Govern Conduct of Mine
221
Duration of Partnership
222
Partial Dissolution of Partnership
223
Section 433Notice of Dissolution of Partnership
229
Winding up the Partnership Affairs
230
SURVEYS OF LAND Section 436Public and Private Land Surveys 23 I
231
Section 438Government Survey Accepted and Approved Is Fixed and Unchangeable
232
Field Notes and Maps
233
Section 442Townships
235
Principal Meridians and Base Lines
236
Section 449Township Corners
237
Section 450Section Corners
238
Quarter Section Corners
239
Meander Corners
240
Section 453Government Lines and Corners Must Control 24I Section 454Restoring Lost Corners
241
Section 455Proportionate Measurements
242
Section 456Instructions from the General Land Office
243
Section 457Manual of United States Surveying
245
Control Courses and Distances
246
DIVISION FENCES Section 462 Fences on the Line
247
Section 464General Fence Law Section 465Alameda County Lawful Fences
248
Section 466Alameda County Using Anothers Fence for En closure
249
Section 467Alameda County Onehalf the Value Must Be Paid
250
Section 470Alameda County Fences on the Line
251
Alameda County Height of Division Fences and Partition Walls in Cities and Towns
252
Section 475Amador County Lawful Division Fences
253
Section 476Amador County Duty of Owners
254
Amador County Trespasses by Animals
255
Section 481Calaveras County Fence Law Same as in Alameda
256
Colusa County Partition Fence
257
Section 485Colusa County Manner of Constructing Partition Fences 2
258
Section 488Contra Costa County Fence Law Same as in Amador
259
Section 491El Dorado County Trespass of Animals 26o Section 492El Dorado County Fence Law Same as in Amador 26o Section 493Fresno Count...
260
Inyo County Fence Law Same as in Alameda
261
Mariposa County Fence Law Same as in Alameda
262
Section 508Modoc County Division Fences
263
Section 510Modoc County Construction of Division Fence
264
Section 547Trinity County Trespasses by Animals
273
RIGHTS AND LIABILITIES OF PROFESSIONAL MEN PHYSICIANS AND SURGEONS Section 552Duty of Physician and Surgeon
274
Section 553Liability for Injury to Patient
275
Section 555Failure to Use Proper Appliances
276
Section 557Liability for Abandoning Case
277
Liability for Negligence in Case of Gratuitous Service
278
Section 560Burden of Proof in Suit for Damages
279
Board of Medical Examiners 28o Section 565Practicing without a License
280
Section 566Evidence in Trials for Practicing without License
282
Section 568Cases of Emergency
283
Section 570Physicians as Expert Witnesses
285
Section 573Privileged Communications Generally
286
County Physicians
287
Section 576Compensation of Dentists
288
Compensation of Oculists
289
Authority of Attorney
290
RIGHTS AND LIABILITIES OF PROFESSIONAL MEN TEACHERS IN THE PUBLIC SCHOOLS Section 584 Male and Female Teachers Section ...
291
Section 587Election for Life
292
Section 588Contract with Teacher Section 589Dismissal of Teacher
294
Section 590Duty of Teachers
295
Duty to Teach Principles of Morality
296
Admission of Chinese Children
297
SEARCHERS OF RECORD Section 596Abstracts of Title
298
Liability of Searchers of Record
299
Section 600Liability for Mistake
300
Section 603Omitting Judgment and Sale
301
Incorrect Report of Quantity of Land Conveyed
302
Section 609Bond of Notary
303
Section 612Liability of Sureties on Official Bond
304
Section 613Premature Protest of Promissory Note
305
Section 615Notary Cannot Amend Certificate
306
Notarys Knowledge of Party Acknowledging Instru ment
307
Section 617Party Introduced to Notary
308
Section 618Misappropriation of Moneys
309
CARRIERS OF FREIGHT Section 62o Freight and Freightage
310
Obligations of Carrier When Freight Not Delivered
311
Section 626Number of Bills of Lading
312
Section 627Carrier Exonerated by Delivery 3I3 Section 628When Freight Must Be Paid 3I3 Section 629Who Must Pay Freight
313
Freight Carried Farther Than Agreed 3I4 Section 631Obligation to Accept Freight 3I4 Section 632Agreements to Limit Liability
314
Section 633General Liability of Common Carriers for Loss
315
Section 634Liability for Delay
316
LETTERS OF CREDIT Section 637 What Is a Letter of Credit
317
Letter of Credit May Be a Continuing Guaranty
318
BILLS OF EXCHANGE Section 645Nature of Bills of Exchange
319
Section 646Bill in Parts of a Set
320
Acceptance Must Be in Writing 32 I
321
What May Be Treated as Sufficient Acceptance 32 I
322
Presentment for Payment
323
Section 656Foreign Bills
324
Damages Allowed on Dishonor of Bill of Exchange
325
ASSIGNMENT FOR BENEFIT OF CREDITORS Section 659Assignment by Insolvent Debtor
326
Section 660What Is Insolvency
328
Inventory to be Made by Debtor
329
Effect of Failure to Record Assignment
330
Property Exempt from Assignment
331
Creditor Holding Mortgage or Pledge
332
PART II
333
Section 676Open and Current Account
334
Section 679When Mutual Account Outlaws
335
Section 682Interest on Stated Account
336
Assignee May Sue in His Own Name
337
What Debtor May Set Off against Assigned Account
338
Section 690Ratification of Agents Acts
339
Section 693Suit in Justice Court on Bills and Accounts
340
Section 698Means for Collection to be Employed by Agent 34I Section 699Payment to Wife of Creditor 34I Section 700Payment of Note to Suppos...
341
Section 701Taking Goods for Creditors Claims
342
PART III
343
Note Made by Minor
344
Section 707Note Made to Minor
345
Note Made to Married Woman
346
Section 7II Note Made to Corporation
349
Must Be for a Certain Specified Amount
350
Section 718Time of Payment 35 I
351
Place of Payment
352
How Must Be Signed by Maker
353
Name of Person to Whom Note Is Payable
354
Section 729Note Payable to Order of Maker
355
Section 733Joint Note
357
Section 737Form of Joint Note and Several Note
358
Section 740Legal Rate of Interest
359
When Outlawed Note Is Renewed
360
Indorsement of Negotiable Note
361
General Indorsement
362
Indorsement without Recourse
363
Rights of Indorsee in Due Course of Business
364
By Whom Note Must Be Presented for Payment
365
What Will Excuse Presentment for Payment
366
When a Note Is Dishonored
367
When Notice of Dishonor Must Be Given
368
Form of Notice of Dishonor
369
Section 765When Suit to Collect Note Can Be Brought
370
Section 769What Personal Property May Be Mortgaged
371
Section 770How Mortgage Is Executed and Acknowledged
372
Recording Mortgages
373
Section 777Mortgage Not Recorded Good between Parties
374
Section 780Form of Declaration of Homestead by Husband and Wife
375
Section 782Form of Declaration of Homestead by Wife
377
Section 783Value of Homestead
378
Form of Real Estate Mortgage
379
Section 785Rules Which Apply to Chattel Mortgages
381
Section 787Deed as Security and Agreement to Deed Back
383
Lawful Interest
384
Section 791Interest on Judgment
385
In What Court Suit Must Be Brought to Foreclose Mortgage
386
Costs of Foreclosure
387
Assignment of Certificate of Sale 38S Section 805What Property Can Be Redeemed
388
Section 809The Sheriffs Deed
389
Section 810Deficiency Judgment
390
Who Must Pay for Improvements Made during Fore closure Proceedings
391
Section 816Excuse for Not Presenting Claim in Time 302
392
Section 818Foreclosure of Mortgage Payable in Instalments
393
Section 821Liability of Partners on Partnership Note
394
PART IV
395
What Property Can Be Attached
396
Mortgaged Property May Be Attached
400
Creditor Attaching Personal Property Must Pay Mortgage
401
Money Due as Salary to Public Officer
402
Attachment of Partnership Property
403
JUDGMENTS AND EXECUTIONS PAGE Section 835Judgments
404
Section 838Judgment Lien on Property in Another County
405
Exemption Must Be Claimed by Debtor
406
Last Wills and Testaments Section 842Making a Will
407
Section 843Who May Make a Will
408
Section 847Kinds of Wills
409
Section 850Form of Olographic Will 4II Section 851 Will Attested by Witnesses
411
Gifts to Subscribing Witnesses 4I2 Section 853How a Will Is Revoked 4I2 Section 854 Revocation by Marriage
412
Section 855Share of Child Born after the Will 4I3 Section 856Omission to Provide for Children
413
Section 857Children of Devisee 4I4 Section 858When Will Takes Effect 4I4 Section 859When Legacies Are Due 4I4 Section 860Interest on Legacie...
414
PART VI
416
Section 865Form of Notice 4I7 Section 866When Owner May Demand Possession 4I7 Section 867Suit by Owner
417
Section 868Proceedings When Owner Does Not Appear
418
Section 870Sale by Constable 4I9 Section 871 Disposition of Money from Sale
419
Corporations in California Section 872Nature of Corporations
420
Who May Form a Corporation 42I Section 875Articles of Incorporation 42I Section 876Form of Articles of Incorporation
421
Section 877Number of Signers
423
Filing of Articles of Incorporation
424
Section 882Limit of Corporate Existence
425
Amendment of Articles of Incorporation
426
Section 886Change of Place of Business
427
Section 888Capital Stock
428
Subscription for Stock
429
Transfer of Stock Held by NonResident
430
Section 896Void Certificates 43I Section 897Remedy against Corporation Refusing to Register Transfer of Stock 43I Section 898Certificates of Stock...
431
When Corporation Can Not Claim Its Own Stock Invalid
432
Section 902Seal of Corporation
433
Section 905Corporation Must Keep within Object of Its Creation
434
Section 907When Corporation Bound by Its Own Invalid Act
435
Section 908Notice to Corporation
436
Assignment of Accounts
437
Section 913What Is a Corporation De Facto
438
Section 915Denial That a Corporation Exists
439
Section 917Motives of Stockholder in Making Examination of Books
440
Remedy of Stockholder when Inspection of Books Is Refused 44I Section 920Liability of Stockholder for Corporation Debts
441
Liability of Member Where There Is No Capital Stock
442
When Liability Not Released by Subsequent Transfer
443
Section 925Stockholder May Sue Other Stockholders
444
Section 929When Liability of Stockholder Is Satisfied
445
Holding Property in Other Counties
446
Increase of Capital Stock
447
Section 936Certificate of Increase or Decrease of Capital Stock
448
Paper in Which Notices Must Be Published
449
Order Levying Assessment
450
Section 942Form of Notice of Assessment 45I Section 943How Assessment May Be Enforced 45I Section 944 Notice of Sale
451
Section 945Form of Notice of Sale
452
Who Are Liable on Assessments
453
Section 949Purchase of Delinquent Stock by the Corporation
454
Section 950Suit to Recover Amount of Assessment
455
Section 952ByLaws of Corporation
456
Section 955Book of ByLaws
457
Section 957Repealing Old and Adopting New ByLaws
458
Qualification of Directors
459
Who May Vote at Election of Directors
460
Section 965Who May Vote Pledged Stock
461
Section 968Who May Vote Stock Belonging to Minor
462
Organization of Board of Directors
463
Section 976Regular and Special Meetings
465
Section 980Services of Director Outside of His Duties as Such
467
Authority of President
468
Section 986Dividends
469
Removal of Directors from Office
470
Dissolution of Corporation 47I Section 992Disposition to be Made of Property upon Dissolution
471
False Reports
472
Section 996General Powers of Corporation
473
Section 998Laws Applying to Particular Corporations
474
cReserve Fund
475
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Side 413 - When any testator omits to provide in his will for any of his children, or for the issue of any deceased child...
Side 405 - ... all the real property of the judgment debtor not exempt from execution in such county, owned by him at the time, or which he may afterward, and before the lien expires, acquire.
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Side 414 - ... the testator, such issue shall take the estate so given by the will, in the same manner...
Side 399 - ... building or other improvement, such materials shall not be subject to attachment, execution or other legal process to enforce any debt due by the purchaser of such materials, except a debt due for the purchase money thereof, so long as in good faith the same are about to be applied to the construction, alteration or repair of such building, mining claim or other improvement.
Side 37 - In the following cases the agreement is void unless the same, or some note or memorandum thereof, expressing the consideration, be in writing and subscribed by the party to be charged...
Side 30 - ... 1. An agreement that by its terms is not to be performed within a year from the making thereof; "2. A special promise to answer for the debt, default, or miscarriage of another, except in the cases provided for in Section 2794 of the Civil Code; "3. An agreement made upon consideration of marriage, other than a mutual promise to marry; "4.
Side 399 - ... county of this State, and all cemeteries, public squares, parks and places, public buildings, town halls, markets, buildings for the use of fire departments and military organizations, and the lots and grounds thereto belonging and appertaining, owned or held by any town or incorporated city, or dedicated by such town or city to health, ornament, or public use, or for the use of any fire or military company organized under the laws of this State.

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