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action affirmed agent alleged amendment amount answer appeal apply assignment attachment authority Bank bill brought building cause charge circuit court cited City claim condition contract corporation damages decision defendant defendant's demand dollars duty effect election entitled error evidence exceptions execution fact failed fence filed firm further give given ground held hundred injury instruction interest issue Judge judgment jury Kansas land lease lien Louis matter ment Missouri motion necessary notice objection opinion owner paid party payment person petition plaintiff possession present proceeding purchase question Railroad reason record recover reference refused relation respondent result reversed Revised Statutes road rule statement statute street sufficient suit taken thereof tion trial unless witness writ
Σελίδα 431 - Where a covenant goes only to part of the consideration on both sides, and a breach of such covenant may be paid for in damages, it is an independent covenant, and an action may be maintained for a breach of the covenant on the part of the defendant, without averring performance in the declaration.
Σελίδα 191 - If a day be appointed for the payment of money or a part of it, or for doing any other act, and the day is to happen or may happen, before the thing which is the consideration of the money, or other act, is to be performed, an action may be brought for the money, or for not doing such other act before performance ; for it appears that the party relied upon his remedy and did not intend to make the performance a condition precedent...
Σελίδα 489 - ... where one of the original parties to the contract or cause of action in issue and on trial is dead, or is shown to the court to be insane, the other party to such contract or cause of action shall not be admitted to testify cither in his own favor...
Σελίδα 327 - Every contract for the leasing for a longer period than one year, .or for the sale of any lands or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof, expressing the consideration, be in writing, and be subscribed by the party by whom the lease or sale is to be made.
Σελίδα 258 - Fourthly, where a manufacturer or a dealer contracts to supply an article which he manufactures or produces, or in which he deals, to be applied to a particular purpose, so that the buyer necessarily trusts to the judgment or skill of the manufacturer or dealer, there is in that case an implied term or warranty that it shall be reasonably fit for the purpose to which it is to be applied.
Σελίδα 331 - Code, which are not waived by pleading over, are that the petition does not contain facts sufficient to constitute a cause of action, and that the court has no jurisdiction of the subject-matter.
Σελίδα 272 - The defendant may, at any time before the trial or judgment, serve upon the plaintiff an offer to allow judgment to be taken against him for the sum or property, or to the effect therein specified.