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

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authorby R.S. Kitchener, 1904 - 542 σελίδες
 

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Περιεχόμενα

Termination of Contracts
42
Interpretation of Contracts
43
Agreements for Sale 444
44
Agreement to Sell Real Property
45
SALE OF PERSONAL PROPERTY Section 26 When Goods Sold Must Be Delivered
46
Right to Inspect Goods before Acceptance
47
Section 31a The Bulk Law
48
Section 31b Bill of Sale
49
Installment Sales 5054
50
Default in Payments
51
Section 31B Remedy of Seller in Case of Purchasers Default
52
Section 31k Form of Conditional Agreement
53
STOPPAGE IN TRANSIT Section 32 When Seller or Consignor May Stop Goods in Transit
54
Resale of Personal Property
55
Warranty of Personal Property 5658
56
Warranty on Agreement to Sell Merchandise Not in Existence
57
Warranty by Trademarks and Other Marks
58
When Auction Sale Is Complete
59
Frauds upon the Buyer
60
DEPOSIT OF PERSONAL PROPERTY Section 50 Deposit for Safe Keeping fit Section 51 Deposit for Exchange
61
Storage of Personal Property
62
When Warehouse Receipt Is Not Negotiable
64
Liability of Hotel Boardinghouse and Lodging
70
Landlord and Tenant 7481
74
What Repairs Lessor Must Make
76
Sale of Real Property 8189
81
Section 87c Deed 10 Separate Property
82
Section 87I Deed in Escrow
88
Employer and Employee 8992
89
Obligations of the Employer
90
Obligations of the Employee
91
MASTER AND SERVANT Section 92 Who Is a Servant
92
Term of Hiring
93
PRINCIPAL AND AGENT Section 95 Definition of Agency
94
What Included in Authority to Sell Personal Property
95
Section 102Agent Cannot Have Authority to Defraud Principal
96
Agents Actual Authority
97
Ratification of Agents Acts
99
Obligations of Agents to Third Persons
101
Agents Delegation of His Power
102
Wholesalers Agents 103108
103
Collections by Traveling Agent
104
Failure to Ship Goods
105
Wholesalers Repudiation of Agency
106
MANUFACTURERS AGENTS Section 121 Manufacturers Agent to Buy or Sell
108
Agent Selling Goods Out of Manufacture no Section 124 Selling Goods for One Year Made in Another no Section 125 Limitation of Authority
110
Commission Merchants 111116
111
Pledge of Consigned Property
112
Guaranty of Certain Price
113
In Whose Name Insurance May Be Put
114
Taking Promissory Note in Payment
115
Duty to Render Accounts
116
Description of Land
117
When Contract Fulfilled and Commission Earned
118
What Is Sufficient Authority from Corporation
119
Ratification of Unauthorized Employment by Cor poration
120
Failure of Sale by Defective Title
122
Failure of Owner to Remove Defects
123
Section 159What Is Good Title
124
Sale by Owner through Another Agent
125
Liability of Agent under Contract to Sell for Speci fied Amount
126
Liability of Owner to Auctioneer
127
Agents Mistake as to Title
128
Terms of Payment and Refusal to Accept Tender
129
Owner and Purchaser Need Not Be Brought Face
130
How Authority of Agent Can Be Extended
136
Rights of Mortgagee Effect of Sale under Fore closure 15
150
Right of Arbitration I51 Section 224 Waiver of Proof of Loss by Arbitration
151
Waiver of Condition as to Prepayment of Premium
152
Payment of Policy
153
Time When Policy Takes Effect
156
Warranties
157
Provision as to Bringing Suit
159
Liability of Heir for Premium
160
Fire Insurance Contract 139 1 61
161
Brokers or Agents
162
Authority of Local Agent
163
Ostensible General Power of Local Agent
164
Application Made Out by Agent of Company
165
Waiver of Petroleum Clause by Agent
166
Agents Knowledge of Former Insurance
167
Building Contracts 168185
168
Contract or Memorandum to be Recorded
169
Contractors Bond 17
170
Form of Builders Contract
171
Reference to Plans and Specifications in Contract
176
Twentyfive Per Cent Reserved
177
Price Where Contractor Abandons the Work
178
Breach of Contract by Owner
179
Contract Providing for Arbitration
180
Invalid Memorandum
181
Owner Not Liable for Damages on Unrecorded Contract
183
Material Departure from Specifications
184
Mechanics Liens 185200
185
Section 286To What Lien Extends
186
Alteration of Contract Does Not Affect Lien
187
Effect of Mechanics Lien
188
Owners Notice of Completion
189
Time within Which Miner May File Lien
190
pletion
191
Notice by Owner That He Will Not Be Responsible
192
Contractor Must Defend Suits on Liens at His Own Expense
193
What Is Applied to Liens When Contractor Aban dons the Work
194
Building Constructed under Distinct Contracts Who Is Original Contractor
195
Section
196
Lien for Moving a House
197
Abandonment and New Contract
198
Miners Lien Must Be upon the Whole Claim
199
No Lien against a Public Building
200
Right of Materialman to Give Notice
201
Section
202
What Is Meant by Owner
203
Attorneys Fee Need Not Be Paid before Suit
204
Mining Ground Patented Land
205
Loggers Lien 217220
206
Section
208
Condition as to Certificate May Be Waived by Owner
209
Services of Architect
210
Contract for Percentage on Cost of Building
211
Liens for Salary and Wages 212
212
Wages and Salaries in Case of Attachment and Execution
213
Section
214
LIENS ON PERSONAL PROPERTY Section 362 Lien for Services
215
Section 363a Defrauding Livery Stable Keepers
216
Lien of Laundry Proprietors
217
Claim of Lien to be Filed for Record
218
Undertaking on Attachment
219
Lien of Persons Working on Threshingmachine 220
220
Lien Is Assignable
221
Notice to Subsequent Purchasers
222
Breach of Contract to Pay Money
223
Breach of Agreement to Convey Real Property
224
Damages for Breach of Carriers Obligations
225
Partnership 226252
226
Formation of Partnership
227
Partners Interest in Partnership Property
228
Partners Share in Profits and Losses
229
Application of Partnership Property to Payment of Debts
230
Mutual Obligations of Partners
231
Liability of Partners to Account
232
Renunciation of Partnership
233
Power of Majority of Partners
234
What Partner Cannot Do
236
Doing Business under Fictitious Name
237
Certified Statement of Special Partnership
238
Rights of Special Partners
239
Mining Partnerships
240
Profits and Losses in Mining Partnership
241
New Member of Mining Partnership
242
Owners of Majority of Shares Govern Conduct of Mine
243
Partial Dissolution of Partnership
244
Notice of Dissolution of Partnership
250
Winding up the Partnership Affairs
251
Surveys of Land 252268
252
Government Survey Accepted and Approved Is Fixed and Unchangeable
253
Field Notes and Maps
254
Townships
256
Principal Meridians and Base Lines
257
Township Corners
258
Section Corners
259
Quarter Section Corners
260
Meander Corners
261
Government Lines and Corners Must Control
262
Proportionate Measurements
263
Instructions from the General Land Office
264
Manual of United States Surveying
266
Monuments Control Courses and Distances
267
Spauldings Table for Measurement of Logs 268273
268
656
269
Section 461b Explanation of Table
272
DIVISION FENCES Section 462 Fences on the Line
273
General Fence Law
274
Alameda County Onehalf the Value Must Be Paid
276
Alameda County Partition Fences
277
Alameda County Height of Division Fences and Partition Wills in Cities and Towns
278
Alpine County Fence Law Same as in Alameda
279
Amador County Duty of Owners
280
Amador County Liability of Adjoining Owners 28r Section 478 Amador County Viewers to Decide Disagreement
281
Butte County Fence Law Same as in Amador
282
Mono County Fence Law Same as in Alameda
291
Napa County Division Fences
292
Placer County Fence Law Same as in Colusa
293
San Joaquin County Fence Law North and East of San Joaquin River
294
San Mateo County Notice to Build Fence
295
San Mateo County Trespass by Animals 206
296
Solano County Fence Law Same as in Amador
297
Sonoma County Posts Used for Fences
298
Tulare County Fence Law Same as in Amador
299
Rights and Liabilities of Professional MenPhysicians
300
Liability for Injury to Patient
301
Failure to Use Proper Appliances
302
Liability for Abandoning Case
303
Abandoning Confinement Case
304
Burden of Proof in Suit for Damages
305
Criminal Liability
306
Evidence in Trials for Practicing without License
308
Cases of Emergency
309
Physicians as Expert Witnesses
311
Privileged Communications Generally
312
Rights and Liabilities of Professional MenDentists 313
313
Compensation of Dentists
314
Compensation of Oculists
315
Authority of Attorney
316
RIGHTS AND LIABILITIES OF PROFESSIONAL MEN TEACHERS IN THE PUBLIC SCHOOLS Section 584 Male and Female Teachers
317
Election for Life
318
Section S88 Contract with Teacher
320
Duty of Teachers
321
Right of Teacher to Punish Pupils
322
Admission of Chinese Children
323
Searchers of Record 324328
324
Liability of Searchers of Record
325
Liability for Mistake
326
Omitting Judgment and Sale
327
Measure of Damages
328
Party Introduced to Notary
334
Carriers of Freight 1 335342
335
Agreements to Limit Liability
340
Letters of Credit 342345
342
When Bill of Exchange May Be Presented
346
Assignment for Benefit of Creditors 352359
352
Collection of Bills and Accounts 359369
359
Collection of Bills and Accounts When Debtor Is Dead
365
In What Township Suit Must Be Brought
366
Attachment of Debtors Property in Suit to Collect Account
367
Accepting Promissory Note
368
Promissory Notes 369396
369
Note Made by Minor
370
Note Made to Minor
371
Note Made to Married Woman
372
Note Made to Corporation
375
Must Be for a Certain Specified Amount
376
Time of Payment
377
Place of Payment
378
How Must Be Signed by Maker
379
Note Payable on or before a Certain Date
380
Note Payable to Order of Maker
381
Joint Note
382
Form of Joint Note
383
Liability of Makers of Joint and Several Note
384
Legal Rate of Interest
385
When Outlawed Note Is Renewed
386
Indorsement of Negotiable Note
387
Special Indorsement
388
Indorsement without Recourse
389
When Note Must Be Presented for Payment
390
Section 753By Whom Note Must Be Presented for Payment
391
What Will Excuse Presentment for Payment
392
When a Note Is Dishonored
393
When Notice of Dishonor Must Be Given
394
When Notice of Dishonor Is Excused
395
Mortgages 396421
396
What Personal Property May Be Mortgaged
397
Mortgage of Married Woman
398
Section 774a Proof of Execution of Mortgage
399
Mo1tgage Not Recorded Good between Parties
400
Form of Declaration of Homestead by Husband and Wife
401
Form of Declaration of Homestead by Wife
403
Value of Homestead
404
Form of Real Estate Mortgage
405
Section 785Rules Which Apply to Chattel Mortgages
406
Form of Chattel Mortgage
407
Deed as Security and Agreement to Deed Back
409
Lawful Interest
410
Who Must Pay Taxes on Mortgage
411
In What Court Suit Must Be Brought to Foreclose Mortgage 4rj Section 798 When Mortgage Is Outlawed
412
Costs of Foreclosure
413
What Property Can Be Redeemed
414
The Sheriffs Deed
415
Iossession of Property during Foreclosure Proceed ings
416
Who Must Pay for Improvements Made during Foreclosure Proceedings
417
Excuse for Not Presenting Claim in Time
418
Collection of Lost or Destroyed Note
419
Section 821a Assignment of Mortgage
420
Attachments 421429
421
What Property Is Exempt from Attachment or Ex ecution
422
Mortgaged Property May Be Attached
426
Garnishment
427
Money in the Hands of the Law
428
Judgments and Executions 429432
429
Judgment a Lien on Real Property
430
How Justice Court Judgment Is Made Lien on Real Property
431
PART V
432
Who May Make a Will
433
Kinds of Wills
434
Form of Olographic Will 43
436
Section 85 Gifts to Subscribing Witnesses
437
Section 854 Revocation by Marriage
438
Children of Devisee
439
Estray Law of California 441445
441
Form of Notice
442
Suit by Owner
443
Sale by Constable
444
vii
445
Who May Form a Corporation
446
Number of Signers
448
Filing of Articles of Incorporation
449
Cost of Incorporating
450
Amendment of Articles of Incorporation
451
Change of Place of Business
452
Capital Stock
453
Subscription for Stock
454
Transfer of Stock Held by NonResident
455
Void Certificates
456
When Corporation Cannot Claim Its Own Stock Invalid
457
Seal of Corporation
458
Corporation Must Keep within Object of Its Crea tion
459
When Corporation Bound by Its Own Invalid Act
460
Notice to Corporation
461
Assignment of Accounts
462
What Is a Corporation De Facto
463
Stockholders Right to Inspect Books and Records
464
Motives of Stockholder in Making Examination of Books
465
Remedy of Stockholder When Inspection of Books Is Refused
466
Liability of Member Where There Is No Capital Stock
467
When Liability Not Released by Subsequent T1ans fer
468
Stockholder May Sue Other Stockholders
469
Be Commenced
470
Holding Property in Other Counties
471
Increase of Capital Stock
472
Certificate of Increase or Decrease of Capital Stock
473
Paper in Which Notices Must Be Published
474
Order Levying Assessment
475
How Assessment May Be Enforced
476
Form of Notice of Sale
477
Extension of Time for Payment and Sale
478
Purchase of Delinquent Stock by the Corporation
479
Lien for Assessment
480
ByLaws of Corporation
481
Book of ByLaws
482
Regular and Special Meetings
489
Removal of Directors from Office
495
Banking CorporationsContinued
499
iLiability of Bank for Payment of Check After Death of Drawer
501
jNational Bank Cannot Deal in Stocks
502
c Amount Which Can Be Taken on One Risk
503
c When Construction Must Be Begun
504
Corporations in California 445506
506
Who May Locate a Mining Claim
507
What Constitutes a Valid Location
508
Marking the Boundaries
509
Form of Notice of Location of a Placer Claim
510
Recording Location Notice
511
Size of Placer Claim
512
Time within Which Location Must Be Made after Discovery
513
When First Work Must Be Done
514
Proof of Assessment Work
515
Relocation of Claim after Forfeiture
516
Mineral Entries within Forest Reserves
517
Tunnel Claim
518
Lode and Placer Claims in the Same Ground
519
Mill Sites
520
Liens on Mining Claims
521
Mining Deeds
531
ExtraLateral Right or Right to Pursue the Vein
537
Water and Water Rights 549574
549
Water for Mining
555
Water Companies
570

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Σελίδα 537 - States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations.
Σελίδα 438 - When any testator omits to provide in his will for any of his children, or for the issue of any deceased child...
Σελίδα 430 - ... 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.
Σελίδα 434 - A holographic will is one that is entirely written, dated and signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of this state, and need not be witnessed.
Σελίδα 532 - Witnesseth, that the said party of the first part, for and in consideration of the sum of dollars, lawful money of the United States of America, to him in hand paid by the said party of the second part...
Σελίδα 159 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.
Σελίδα 83 - ... together with all and singular the tenements, hereditaments, and appurtenances, thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest.
Σελίδα 398 - ... recorded in the office of the county recorder of the county where the property is situated.
Σελίδα 508 - ... no location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claim located.
Σελίδα 439 - ... the testator, such issue shall take the estate so given by the will, in the same manner...

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