Reports of Cases Determined in the Courts of Appeal of the State of California, Τόμος 32Bancroft-Whitney, 1917 |
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Σελίδα 27
... intention of the parties than the manner in which the defendant signed the contract . Be- sides , we have the uncontradicted testimony of the plaintiff that the contract was made between himself and defendant and no other person , and ...
... intention of the parties than the manner in which the defendant signed the contract . Be- sides , we have the uncontradicted testimony of the plaintiff that the contract was made between himself and defendant and no other person , and ...
Σελίδα 133
... intention , and the gen- eral rule is that any competent testimony tending to show the understanding of the parties is admissible . ( 29 Cyc . 1139. ) But was parol evidence competent in this particular case ? In support of the negative ...
... intention , and the gen- eral rule is that any competent testimony tending to show the understanding of the parties is admissible . ( 29 Cyc . 1139. ) But was parol evidence competent in this particular case ? In support of the negative ...
Σελίδα 134
... intention or purpose not therein expressed . " The last above statement of the rule is rather too sweeping as will be discovered by an examination of the cases cited in support of the text . Indeed , there are many instances wherein ...
... intention or purpose not therein expressed . " The last above statement of the rule is rather too sweeping as will be discovered by an examination of the cases cited in support of the text . Indeed , there are many instances wherein ...
Σελίδα 136
... intention was his statement : " We agreed in lieu of the two and two - thirds that we would just cancel the whole thing , the salary and all , and I would agree to give him a thousand dollars if I got a commercial well on either ...
... intention was his statement : " We agreed in lieu of the two and two - thirds that we would just cancel the whole thing , the salary and all , and I would agree to give him a thousand dollars if I got a commercial well on either ...
Σελίδα 163
... intention of stealing it , and carries out that intent , he is guilty of larceny ; but this record affords absolutely no ground for the inference that the defendant obtained posses- sion of the machines with the intent to steal them ...
... intention of stealing it , and carries out that intent , he is guilty of larceny ; but this record affords absolutely no ground for the inference that the defendant obtained posses- sion of the machines with the intent to steal them ...
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Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
affirmed agent agreement alleged amended amount Appellate District.-November Bank bonds cause of action Civil Code Civil Procedure claim Coast Salt Company Code of Civil complaint concurred constitute contention contract contributory negligence corporation County court of appeal defendant defendant's delivered demurrer district court eminent domain entitled evidence executed facts favor fendant filed Fresno County hundred dollars instruction issue J. W. Young Judge judgment jurisdiction jury land lease lumber matter McLaughlin Brothers ment Modoc County mortgage motion negligence notice opinion order denying owner Pacific Coast Salt paid party payment person petition petitioner plaintiff possession proceedings promissory note prosecution purchase purpose question reason record Respondent rule San Joaquin River Second Appellate statute street sufficient Superior Court supreme court testified testimony therein thereof thousand dollars tion trial court verdict warrants Wilcox wires witness writ
Δημοφιλή αποσπάσματα
Σελίδα 846 - Except in cases where a different punishment is prescribed by this code, every offense declared to be a misdemeanor is punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding five hundred dollars, or by both.
Σελίδα 284 - ... does not represent his father or mother by inheriting any part of the estate of his or her kindred either lineal or collateral, unless before his death his parents shall have intermarried and his father after such marriage acknowledges him as his child or adopts him into his family...
Σελίδα 407 - If the action be against defendants severally liable, he may proceed against the defendants served in the same manner as if they were the only defendants.
Σελίδα 217 - When a transfer of real property is made to one person, and the consideration therefor is paid by or for another, a trust is presumed to result in favor of the person by or for whom such payment is made.
Σελίδα 250 - ... in the usual course of the trade, business, profession, or occupation of his employer.
Σελίδα 853 - A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Σελίδα 37 - Any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.
Σελίδα 516 - A person so testifying shall not thereafter be liable to indictment, prosecution, or punishment for the offense with reference to which his testimony was given and may plead or prove the giving of testimony accordingly, in bar of such an indictment or prosecution.
Σελίδα 674 - Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, has constructive notice of the fact itself in all cases in which, by prosecuting such inquiry, he might have learned such fact.— Code amend.— 1873:182.
Σελίδα 343 - An unrecorded instrument is valid as between the parties thereto and those who have notice thereof.