The Southern Law Review: And Chart of the Southern Law and Collection Union, Τόμος 7Roberts & Purvis, 1882 |
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Αποτελέσματα 1 - 5 από τα 81.
Σελίδα 11
... duty of an agent for a vendor is to sell the property at the highest price ; of the agent of the pur- chaser , to buy it for the lowest . These duties are so utterly irreconcilable and conflicting that they cannot be performed by the ...
... duty of an agent for a vendor is to sell the property at the highest price ; of the agent of the pur- chaser , to buy it for the lowest . These duties are so utterly irreconcilable and conflicting that they cannot be performed by the ...
Σελίδα 12
... and is inconsistent with his duty and the obligations which the law imposes upon him when he enters into a contract of agency . " In a previous I 103 Mass . 306 . 2 I case in the same court it was said 12 THE POWER OF USAGE AND CUSTOM .
... and is inconsistent with his duty and the obligations which the law imposes upon him when he enters into a contract of agency . " In a previous I 103 Mass . 306 . 2 I case in the same court it was said 12 THE POWER OF USAGE AND CUSTOM .
Σελίδα 14
... duty , - that I think no person who is ignorant of such a usage can be held to have agreed to submit to its conditions merely by employing the services of a broker , to whom the usage is known , to perform the ordinary and accustomed duties ...
... duty , - that I think no person who is ignorant of such a usage can be held to have agreed to submit to its conditions merely by employing the services of a broker , to whom the usage is known , to perform the ordinary and accustomed duties ...
Σελίδα 16
... duty of the forwarder to forward the goods together with the directions ; and a custom of the place where Leland v . Douglass , 1 Wend . 490. And see Stewart v . Scudder , 2 Am . L. Reg . ( o . s . ) 80 ( New Jersey ) . 2 I Pick . 343 ...
... duty of the forwarder to forward the goods together with the directions ; and a custom of the place where Leland v . Douglass , 1 Wend . 490. And see Stewart v . Scudder , 2 Am . L. Reg . ( o . s . ) 80 ( New Jersey ) . 2 I Pick . 343 ...
Σελίδα 26
... duty it was to make the transfer , ruled that the custom was nevertheless a bar . " A course of dealing , " it said , " a usage , an understanding , a contract , express or implied , is a lien of the parties and a law to them , provided ...
... duty it was to make the transfer , ruled that the custom was nevertheless a bar . " A course of dealing , " it said , " a usage , an understanding , a contract , express or implied , is a lien of the parties and a law to them , provided ...
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administrator agent appear applied assignment authority bill of lading bona fide purchaser bonds carrier charge claim collateral common law consignee Constitution contract conveyance corporation court of equity creditors curtesy damages debts decision decree deed defendant Dist doctrine entitled equity estoppel evidence execution executor fact Federal courts fraud fraudulent heirs held husband injury interest Iowa judge judgment July 20 jurisdiction jury land liability lien March March 23 ment mortgage mortgageor N. J. Eq N. W. Rep negligence notice Ohio owner paid party payment plaintiff possession principle Probate Court proceedings promissory note purchaser question real estate reason receiver recover rule sect sell sold statute Statute of Frauds suit Supreme Court testator tion trial trust U. S. Cir U. S. Sup United usage valid vendee vendor verdict void wife
Δημοφιλή αποσπάσματα
Σελίδα 213 - that the laws of the several states, except where the Constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States in cases where they apply.
Σελίδα 934 - Field, now a member of this court, that "the interest mentioned in the statute which entitles a person to intervene in a suit between other parties must be in the matter in litigation, and of such a direct and immediate character that the intervenor will either gain or lose by the direct legal operation and effect of the judgment...
Σελίδα 490 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Σελίδα 873 - ... such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself — or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Σελίδα 873 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself...
Σελίδα 166 - That in actions by or against executors, administrators or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Σελίδα 918 - 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.
Σελίδα 377 - It was further said that by the general police power of a state 'persons and property are subjected to all kinds of restraints and burdens in order to secure the general comfort, health, and prosperity of the state; of the perfect right of the legislature to do which no question ever was, or upon acknowledged general principles ever can be, made, so far as natural persons are concerned.
Σελίδα 389 - The power to regulate navigation is the power to prescribe rules in conformity with which navigation must be carried on. It extends to the persons who conduct it, as well as to the instruments used.
Σελίδα 669 - In actions of trespass, where the injury has been wanton and malicious, or gross and outrageous, courts permit juries to add to the measured compensation of the plaintiff which he would have been entitled to recover, had the injury been inflicted without design or intention, something further by way of punishment or example, which has sometimes been called "smart money.