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action affirmed agent agreement amount annotation appear applied appointment attorney authority bank become bond capacity cause charge claim collect Company conditional constitutional contract corporation court cutting damages death debt debtor decision deed defendant duty effect evidence ex rel executed existing fact Federal fiduciary fund furnished gasoline give given ground guardian hands held hold imposed injury insured intention interest involved judgment land lease liability license lien limited loan materials means ment mortgage notice obligation officer operation opinion owner paid parties payment person plaintiff possession practice premises principal prior purchaser question reason receiver regulation result rule sold statute subsequent supra sureties thereof tion trust United