The Pacific Reporter, Volume 117West Publishing Company, 1911 |
From inside the book
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Page 43
... parties , the receipt whereof is acknowledged , the said first parties agree that upon the payment by the second party on or before the first day of July , 1906 , of the further sum of eight hundred dollars , they will con- vey to the ...
... parties , the receipt whereof is acknowledged , the said first parties agree that upon the payment by the second party on or before the first day of July , 1906 , of the further sum of eight hundred dollars , they will con- vey to the ...
Page 119
... PARTIES EXTRINSIC STANCES . CIRCUM- In the construction of a contract , the court should endeavor to arrive at the real intention of the parties , and , if there is room for doubt as to its true meaning , the facts and circum- stances ...
... PARTIES EXTRINSIC STANCES . CIRCUM- In the construction of a contract , the court should endeavor to arrive at the real intention of the parties , and , if there is room for doubt as to its true meaning , the facts and circum- stances ...
Page 120
... parties hereto me later , some time before the 8th day of are tenants in common of said premises above | October , 1909 , and asked me what I would described , with all of the rights thereto be- take for my interest in that land ; that ...
... parties hereto me later , some time before the 8th day of are tenants in common of said premises above | October , 1909 , and asked me what I would described , with all of the rights thereto be- take for my interest in that land ; that ...
Page 121
... parties , clearly contrary to the express provisions of the contract of sale and contrary to the in- tention of the parties . This court will not go to that extent . While it appears that the entire legal title to said land was in ...
... parties , clearly contrary to the express provisions of the contract of sale and contrary to the in- tention of the parties . This court will not go to that extent . While it appears that the entire legal title to said land was in ...
Page 122
... parties , and , if there is room for doubt as to its true meaning , the facts and circumstances out of which such contract arose should be considered , and the contract construed in the light of such facts and circumstances , so that ...
... parties , and , if there is room for doubt as to its true meaning , the facts and circumstances out of which such contract arose should be considered , and the contract construed in the light of such facts and circumstances , so that ...
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Common terms and phrases
affirmed alleged amendment amount APPEAL AND ERROR article 20 attorney authority Bank bill Cent charge claim Colo complaint concur Constitution contract corporation counsel county seat criminal CRIMINAL LAW damages deceased decree deed defendant defendant's denied Denver Denver county District Court duty election Ellis county evidence executed fact fendant filed Harper county held homestead instructions Judge judgment jurisdiction juror jury Justice land lien matter ment mortgage motion municipal MUNICIPAL CORPORATIONS negligence Note Note.-For NUMBER in Dec opinion owner paid parties payment penstock person petition plaintiff in error proceedings purchase question quitclaim deed railroad reason record Rep'r Indexes respondent rule section NUMBER Series & Rep'r stare decisis statute street sufficient Supreme Court sustained testified testimony thereof tiff tion topic and section trial court verdict Wash witness Woodward county
Popular passages
Page 202 - In case the greater rate of interest has been paid, the person by whom it has been paid, or his legal representatives, may recover back, in an action in the nature of an action of debt, twice the amount of the interest thus paid from the association taking or receiving the same ; provided such action is commenced within two years from the time the usurious transaction occurred.
Page 295 - The acceptance of a bill is the signification by the drawee of his assent to the order of the drawer. The acceptance must be in writing and signed by the drawee. It must not express that the drawee will perform his promise by any other means than the payment of money.
Page 185 - The court, in every stage of an action, must disregard any error or defect in the pleadings or proceedings, which does not affect the substantial rights of the adverse party ; and no judgment shall be reversed or affected by reason of such error or defect.
Page 295 - A holder in due course is a holder who has taken the instrument under the following conditions: (1) That it is complete and regular upon its face; (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; (3) That he took it in good faith and for value; (4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 422 - ... within sixty days after the fire, unless such time is extended in writing by this company, shall render a statement to this company, signed and sworn to...
Page 422 - This policy is made and accepted subject to the foregoing stipulations and conditions, together with such other provisions, agreements, or conditions as may be endorsed hereon or added hereto, and no officer, agent, or other representative of this company shall have power to waive any provision or condition of this policy except such as by the terms of this policy may be the subject of agreement indorsed hereon or added hereto...
Page 91 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Page 295 - Act, where a signature on a bill is forged or placed thereon without the authority of the person whose signature it purports to be, the forged or unauthorized signature is wholly inoperative, and no right to retain the bill, or to give a discharge therefor, or to enforce payment thereof against any party thereto, can be acquired through or under...
Page 18 - That the act or omission charged as the offense is clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended.
Page 422 - If fire occur the insured shall give immediate notice of any loss thereby in writing to this company, protect the property from further damage...