American Law Reports Annotated, Volume 50Lawyers Co-operative Publishing Company, 1927 - Law reports, digests, etc |
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Page 182
... notes de- pends , as we suppose , upon whether there has been any breach of any covenant contained in the deed . Where there has been no breach of any covenant , and no fraud or ma- terial mistake , we suppose no want or failure of ...
... notes de- pends , as we suppose , upon whether there has been any breach of any covenant contained in the deed . Where there has been no breach of any covenant , and no fraud or ma- terial mistake , we suppose no want or failure of ...
Page 191
... notes in this action . The giving of the cove- nant and the notes form but one trans- action , and damages arising from a breach of the covenant grow out of the contract , and may be set off against the notes . " And it is held in ...
... notes in this action . The giving of the cove- nant and the notes form but one trans- action , and damages arising from a breach of the covenant grow out of the contract , and may be set off against the notes . " And it is held in ...
Page 193
... notes executed by the grantee therein for the purchase price are not enforceable as against him , even though he is in possession . Curtis v . Clark ( 1882 ) 133 Mass . 509. The court said : The grantor " was to convey to the defendant ...
... notes executed by the grantee therein for the purchase price are not enforceable as against him , even though he is in possession . Curtis v . Clark ( 1882 ) 133 Mass . 509. The court said : The grantor " was to convey to the defendant ...
Page 196
... notes , the court distinguished between the right of the grantee in such a case , and his right where there is a deficiency . In the latter case it is said : " A vendee of land , where there is a deficit , may offset the value of the ...
... notes , the court distinguished between the right of the grantee in such a case , and his right where there is a deficiency . In the latter case it is said : " A vendee of land , where there is a deficit , may offset the value of the ...
Page 317
... note 44 ; 35 Cyc . 302 , 303 , note 28 ; Tiffany , Sales , 2d ed . pp . 122-124 ; Williston , Contr . §§ 1364 , 1365 ; Tiedeman , Sales , p . 540 , 333 ; 14 C. J. p . 686 , ¶¶ 1057-1061 . Even if title to the notes did not pass , the ...
... note 44 ; 35 Cyc . 302 , 303 , note 28 ; Tiffany , Sales , 2d ed . pp . 122-124 ; Williston , Contr . §§ 1364 , 1365 ; Tiedeman , Sales , p . 540 , 333 ; 14 C. J. p . 686 , ¶¶ 1057-1061 . Even if title to the notes did not pass , the ...
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Common terms and phrases
action adjoining adverse possession agreement alleged annotation appellant assignment Asso authority Bank bonds building charge claim contract contributory negligence corporation court court of equity covenant creditors damages debt declaratory judgment decree deed of trust defendant drawer duty effect entitled equity erty excavation fact fraud funds gage held holder indorsed injury insolvent Iowa judgment jury land liable lien Luckenbach S. S. Co maturing note ment mort mortgage municipal N. Y. Supp negligence Negotiable Instruments notes secured Ohio operation opinion owner paid parties payee payment person plaintiff preferred stock priority provision purchase question R. C. L. Supp railroad rata receiver recover rule shares of stock sion Stat statute suit supra surety thereof Third Avenue Railway tion vendee warranty
Popular passages
Page 233 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose.
Page 481 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the Constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people.
Page 396 - A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder, unless and until it accepts or certifies the check.
Page 37 - When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding.
Page 71 - In the case of food: (1) If any substance or substances have been mixed with it, so as to lower or depreciate, or injuriously affect its quality, strength, or purity; (2) If any inferior or cheaper substance, or substances have been substituted wholly or in part for it...
Page 384 - A pardon reaches both the punishment prescribed for the offense and the guilt of the offender; and when the pardon is full, it releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offense.
Page 322 - Goods" include all chattels personal other than things in action and money. The term includes emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale. "Order" in sections of this act relating to documents of title means an order by indorsement on the document.
Page 576 - The judgment of the circuit court will therefore be reversed, and the cause remanded to that court, with directions to enter a finding and order not inconsistent with the views herein expressed. Reversed and remanded, with directions.
Page 638 - The circuit courts shall have original jurisdiction in all matters, civil and criminal, not excepted in this Constitution, and not prohibited by law; and appellate jurisdiction from all inferior courts and tribunals, and a supervisory control of the same. They shall also have power to issue writs of habeas corpus, mandamus, injunction, quo warranto...
Page 88 - ... no subject shall be arrested, imprisoned, despoiled or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty or estate; but by the judgment of his peers, or the law of the land.