The Ontario Law Reports: Cases Determined in the Court of Appeal and in the High Court of Justice for Ontario, Volume 54Canada Law Book Company, 1924 - Law reports, digests, etc "Cases determined in the Supreme Court of Ontario (Appellate and High Court Divisions)" (varies) |
Contents
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Common terms and phrases
action agree agreement alleged APPELLATE DIVISION application Arthur avenue assessment bank BATTLE CREEK berth breach building by-law Canada CANADIAN CANADIAN PACIFIC RAILWAY charge cheque CITY OF TORONTO claim clause condition contract corn flakes corporation costs counsel County Court creditors damages defendants dismissed domicil duty effect entitled erection evidence executors fact Ferguson heard by MEREDITH held Hodgins Hollinger Mines income injury intended issue judgment land LATCHFORD law of Quebec letter liable lien lienholders LIMITED LOGIE Marvin Burk Masten ment MIDDLETON mortgage Motherwell Municipal Act negligence Ontario realty opinion Orde Ottawa owner paid parties payment permit person personalty plaintiff Port Colborne purchase purpose Quebec question Railway reason referred remove respondents revoked RIDDELL shew Sir Charles Ross solicitor statute street subsec taxation taxes testamentary testator testatrix tion trustee vessel
Popular passages
Page 531 - ... in the absence of any express or implied warranty that the thing shall exist, the contract is not to be construed as a positive contract, but as subject to an implied condition that the parties shall be excused in case, before breach, performance becomes impossible from the perishing of the thing without default of the contractor.
Page 164 - Bequest shall not lapse, but shall take effect as if the Death of such Person had happened immediately after the Death of the Testator, unless a contrary Intention shall appear by the Will.
Page 63 - This, no doubt, is, in general, a sufficiently accurate test ; for a right to participate in profits affords cogent, often conclusive evidence, that the trade in which the profits have been made, was carried on in part for or on behalf of the person setting up such a claim. But the real ground of the liability is, that the trade has been carried on by persons acting on his behalf.
Page 63 - It is not strictly correct to say that his right to share in the profits makes him liable to the debts of the trade. The correct mode of stating the proposition is to say that the same thing which entitles him to the one makes him liable to the other, namely, the fact that the trade has been carried on...
Page 49 - Every one who has in his charge or under his control anything whatever, whether animate or inanimate, or who erects, makes or maintains anything whatever which, in the absence of precaution or care, may endanger human life, is under a legal duty to take reasonable precautions against, and use reasonable care to avoid, such danger, and is criminally responsible for the consequences of omitting, without lawful excuse, to perform such duty.
Page 204 - Grain, except in cases where receipts for a part of a lot are desired, and then the aggregate receipts for a particular lot shall cover that lot and no more. In cases where a part of the Grain represented by the receipt is delivered out of...
Page 429 - After the expenditure of the greater portion of the sum so voted, an action was brought by the plaintiff, on behalf of himself and all other ratepayers...
Page 68 - When a partner, other than the partner suing, wilfully or persistently commits a breach of the partnership agreement, or otherwise so conducts himself in matters relating to the partnership business that it is not reasonably...
Page 531 - But where the event is of such a character that it cannot reasonably be supposed to have been in the contemplation of the contracting parties when the contract was made, they will not be held bound by general words which, though large enough to include, were not used with reference to the possibility of the particular contingency which afterwards happens.
Page 204 - ... shall state upon its face the quantity and inspected grade of the grain, and that the grain mentioned in it has been received into store, to be stored with grain of the same grade by inspection...