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action affidavit agent agreement alleged allowed amended amount answer appear application assignment authority Bank cause certificate charge chattel mortgage claim commission common law contract corporation costs counsel County Court creditors damages debtor declaration decree deed default defendant defendant's dismissed Dominion Lands Act Dubuc entered entitled equity evidence execution filed given ground held homestead Hudson's Bay Company interest interpleader issue judgment jurisdiction jury Justice Kildonan and St Killam land learned judge liable lien liquor Manitoba McLean ment mortgagor municipality nonsuit notice objection obtained opinion paid party patent payment person petition petitioner plaintiff plea possession proceedings purchase money question railway recognizance recover referred refused replevin returning officer rule says security for costs sell sheriff sold solicitor specific performance statute sufficient suit surety taken Taylor tion trial trustees verdict void Wallbridge Winnipeg writ
Σελίδα 171 - ... certain time or otherwise, the jury, on the trial of any issue or any inquisition of damages, may, if they shall think fit, allow interest to the creditor at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time...
Σελίδα 153 - ... 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. . . . But this rule is only applicable when the contract is positive and absolute, and not subject to any condition either express or implied...
Σελίδα 417 - ... together with an affidavit of the time of such bill of sale being made or given, and a description of the residence and occupation of the person making or giving the same...
Σελίδα 98 - Health,* that in every case the liability of a body created by statute must be determined upon a true interpretation of the statutes under which it is created.
Σελίδα 61 - It follows, as a necessary deduction from the established rule, that a broker is never entitled to commissions for unsuccessful efforts. The risk of failure is wholly his. The reward comes only with his success. That is the plain contract and contemplation of the parties. The broker may devote his time and labor, and expend his money with ever so much of devotion to the...
Σελίδα 152 - The principle seems to us to be that, in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance arising from the perishing of the person or thing shall_excuse the performance.
Σελίδα 105 - Law union, and orders are given at a board regularly constituted, and having general authority to make contracts for work or goods necessary for the purposes for which the corporation was created, and the work is done...
Σελίδα 161 - The broker must complete the sale ; that is, he must find a purchaser in a situation and ready and willing to complete the purchase on the terms agreed on, before he is entitled to his commissions. Then he will be entitled to them, though the vendor refuse to go on and perfect the sale.
Σελίδα 4 - We may now take for granted. that the dealings with these companies are not like dealings with other partnerships, and that the parties dealing with them are bound to read the statute and the deed of settlement. But they are not bound to do more. And the party here, in reading the deed of settlement, would find, not a prohibition from borrowing, but a permission to do so on certain conditions.