A Treatise on the Law of Agency: Including Not Only a Discussion of the General Subject, But Also Special Chapters on Attorneys, Auctioneers, Brokers, and FactorsCallaghan and Company, 1889 - 979 σελίδες |
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Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
action agency agent authorized agreement Allen Mass attorney attorney at law authorized to sell Barb bind bound broker cipal cited claim client common law compensation Conn contract corporation court Cush damages deed defendant duty employed employment entitled evidence execution express fact factor faith fraud Gray Mass Greenl Heisk held implied authority implied power injury instructions Iowa Johns judgment knowledge liable lien ment Metc Minn Miss N. W. Rep National Bank negligence notice Ohio St owner parol party payment Penn performance plaintiff possession power of attorney principal principal's purchaser question R. R. Co ratification reasonable receive recover rule seal servant Smedes Smith sold statute Statute of Frauds subagent supra Tenn third persons tion Torts transaction trust undertaking undisclosed principal Wend
Δημοφιλή αποσπάσματα
Σελίδα 304 - BY the 4th section of the statute of frauds," it is enacted that " no action shall be brought whereby to charge any person upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them, unless the agreement upon which such action shall be brought, or some memorandum or 'note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Σελίδα 456 - If, says lie, the part to be performed by one party consists of several distinct and separate items, and the price to be paid by the other is apportioned to each item to be performed or is left to be implied by law, such a contract will generally be held to be severable.
Σελίδα 818 - ... shall be deemed to be the true owner thereof, so far as to give validity to any contract made by such agent with any other person, for the sale or disposition of the whole or any part of such merchandise...
Σελίδα 589 - Many statutes which are in the nature of police regulations, as this is, impose criminal penalties irrespective of any intent to violate them ; the purpose being to require a degree of diligence for the protection of the public which shall render violation impossible," Many cases are cited in that case where convictions were sustained although the element of guilty knowledge was lacking.
Σελίδα 157 - A power coupled with an interest' is a power which accompanies or is connected with an interest. The power and the interest are united in the same person. But if we are to understand by the word
Σελίδα 25 - The generally accepted doctrine in this country is, as stated by Mr. Benjamin, that a contract for the sale of goods to be delivered at a future day is valid, even though the seller has not the goods, nor any other means of getting them than to go into the market and buy them...
Σελίδα 644 - Their rights in such cases do not depend upon the actual title or authority of the party with whom they deal directly, but are derived from the act of the real owner, which precludes him from disputing, as against them, the existence of the title or power which, through negligence or mistaken confidence he caused or allowed to appear to be vested in the party making the conveyance.
Σελίδα 1 - A servant is one who is employed to render personal service to his employer, otherwise than in the pursuit of an independent calling, and who in such service remains entirely under the control and direction of the latter, who is called his master.
Σελίδα 646 - But if the owner intrusts to another, not merely the possession of the property, but also written evidence, over his own signature, of title thereto, and of an unconditional power of disposition over it, the case is vastly different. There can be no occasion for the delivery of such documents, unless it is intended that they shall be used, either at the pleasure of the depositary, or under contingencies to arise. If the conditions...
Σελίδα 862 - A ratification can be made only in the manner that would have been necessary to confer an original authority for the act ratified, or where an oral authorization would suffice, by accepting or retaining the benefit of the act, with notice thereof.