The Pacific Reporter, Volume 164West Publishing Company, 1917 "Comprising all the decisions of the Supreme Courts of California, Kansas, Oregon, Washington, Colorado, Montana, Arizona, Nevada, Idaho, Wyoming, Utah, New Mexico, Oklahoma, District Courts of Appeal and Appellate Department of the Superior Court of California and Criminal Court of Appeals of Oklahoma." (varies) |
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Page 34
... contract in any of the following cases : ( 1 ) If he has not received an adequate consideration for the contract ; ( 2 ) if it is not as to him just and reasonable . ' Here the inadequacy of consideration seems to be mentioned as a ...
... contract in any of the following cases : ( 1 ) If he has not received an adequate consideration for the contract ; ( 2 ) if it is not as to him just and reasonable . ' Here the inadequacy of consideration seems to be mentioned as a ...
Page 95
... contract of escrow did not contain the true agreement . No doubt the trial court had in mind and was governed by the rule that evidence of mutual mistake must be clear , convincing , and satisfactory . 616 . [ 2 ] It is contended by ...
... contract of escrow did not contain the true agreement . No doubt the trial court had in mind and was governed by the rule that evidence of mutual mistake must be clear , convincing , and satisfactory . 616 . [ 2 ] It is contended by ...
Page 96
... contract . [ Ed . Note . - For other cases , see Sales , Cent . Dig . 88 171-179 . ] 3. SALES 405 - CONTRACT - BREACH - DAM- AGES . to be furnished and the prices to be paid therefor being fully set out . At the same time and place ...
... contract . [ Ed . Note . - For other cases , see Sales , Cent . Dig . 88 171-179 . ] 3. SALES 405 - CONTRACT - BREACH - DAM- AGES . to be furnished and the prices to be paid therefor being fully set out . At the same time and place ...
Page 97
... contract between the parties , nor was the respondent precluded thereby from taking any other position in avoidance of the ef- fect of the contract which is not inconsistent with the admission of its genuineness and due execution . Cox ...
... contract between the parties , nor was the respondent precluded thereby from taking any other position in avoidance of the ef- fect of the contract which is not inconsistent with the admission of its genuineness and due execution . Cox ...
Page 143
... contract was made . [ Ed . Note . For other cases , see Contracts , Cent . Dig . §§ 1496 , 1502. ] 2. CONTRACTS 319 ( 2 ) -BUILDING CONTRACT -DESTRUCTION OF BUILDING - RECOVERY . In such a case , recovery is limited to the amount of ...
... contract was made . [ Ed . Note . For other cases , see Contracts , Cent . Dig . §§ 1496 , 1502. ] 2. CONTRACTS 319 ( 2 ) -BUILDING CONTRACT -DESTRUCTION OF BUILDING - RECOVERY . In such a case , recovery is limited to the amount of ...
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action Ada County affirmed alleged amendment amount APPEAL AND ERROR Appeal from Superior appellant application authority bank bonds cause Cent charge claim Code complaint concur contract contributory negligence corporation damages deceased decree deed defendant's demurrer denied Digests and Indexes District Court evidence fact fendant filed fraud habeas corpus held Idaho injury instruction issue judge judgment jurisdiction jury Key-Numbered Digests King County land lease liability lien ment mortgage motion MUNICIPAL CORPORATIONS negligence Note.-For notice owner paid parties payment person petition plaintiff plaintiff in error pleadings premises proceeding purchase question quiet title reason recover refused replevin respondent rule San Joaquin river statute street Superior Court Supreme Court sustained testified testimony thereof tiff tion topic and KEY-NUMBER trial court verdict Wash White Pine county wife witness writ
Popular passages
Page 138 - Where an instrument is drawn or indorsed to a person as "Cashier" or other fiscal officer of a bank or corporation, it is deemed prima facie to be payable to the bank or corporation of which he is such officer; and may be negotiated by either the indorsement of the bank or corporation or the indorsement of the officer.
Page 409 - In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense, existing at the time of, or before notice of the assignment; but this Section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before due.
Page 139 - Where the transferee receives notice of any infirmity in the instrument or defect in the title of the person negotiating the same before he has paid the full amount agreed to be paid therefor, he will be deemed a holder in due course only to the extent of the amount theretofore paid by him.
Page 215 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law, or of which he might have availed himself at law, but was prevented by fraud or accident, unmixed with any fault or negligence in himself or his agents, will justify an application to a court of chancery.
Page 220 - This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy...
Page 253 - Except in case of negligence of the carrier or party in possession (and the burden to prove freedom from such negligence shall be on the carrier or party in possession), the carrier or party in possession shall not be liable for loss, damage, or delay occurring while the property is stopped and held in transit upon the request of the shipper, owner, or party entitled to make such request, or resulting from a defect or vice in the property, or for country damage to cotton, or from riots or strikes.
Page 71 - A licensed physician or surgeon cannot without the consent of his patient, be examined in a civil action as to any information acquired in attending the patient, which was necessary to enable him to prescribe or act for the patient...
Page 100 - That the right of way for the construction of highways over public lands, not reserved for public uses, is hereby granted.
Page 337 - The father as well as the mother, of an illegitimate child must give him support and education suitable to his circumstances. A civil suit to enforce such obligations may be maintained in behalf of a minor illegitimate child, by his mother or guardian...
Page 381 - When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement other than the contents of the writing, except in the following cases: 1.