American Law Reports Annotated, Volume 43Lawyers Co-operative Publishing Company, 1926 |
From inside the book
Results 6-10 of 100
Page 129
... supra . ) It has been said that despite the general rule as to mutuality of rem- edy as affecting the right to specific performance ( see II . a , 2 , supra ) , it will be generally admitted that a plaintiff who has performed his part ...
... supra . ) It has been said that despite the general rule as to mutuality of rem- edy as affecting the right to specific performance ( see II . a , 2 , supra ) , it will be generally admitted that a plaintiff who has performed his part ...
Page 132
... supra , was to compel the defendant to assign to plaintiff a lease . Smith v . Smith ( 1867 ) 36 Ga . 184 , 91 Am . Dec. 761 , supra , involved a contract for the settlement of a con- troversy over a family inheritance . III . Specific ...
... supra , was to compel the defendant to assign to plaintiff a lease . Smith v . Smith ( 1867 ) 36 Ga . 184 , 91 Am . Dec. 761 , supra , involved a contract for the settlement of a con- troversy over a family inheritance . III . Specific ...
Page 133
... supra , II . a , a con- tract cannot be specifically enforced against the adult during the nonage of the infant . If , however , the bill is filed after the infant comes of age , the plaintiff should succeed as he did succeed in Clayton ...
... supra , II . a , a con- tract cannot be specifically enforced against the adult during the nonage of the infant . If , however , the bill is filed after the infant comes of age , the plaintiff should succeed as he did succeed in Clayton ...
Page 134
... supra , is cited by Waterman , supra , as sus- taining the statement . Clayton v . Ashdown has been accept- ed by another eminent author , John Norton Pomeroy , Jr. ( in 36 Cyc . 629 ) , as sufficient authority for this state- ment ...
... supra , is cited by Waterman , supra , as sus- taining the statement . Clayton v . Ashdown has been accept- ed by another eminent author , John Norton Pomeroy , Jr. ( in 36 Cyc . 629 ) , as sufficient authority for this state- ment ...
Page 135
... supra , the Ashdown Case was urged as control- ling , but the court said " no case of a bill filed by an infant " for the specific enforcement of a contract had been found in the books . John Norton Pomeroy , Jr. , the au- thor of the ...
... supra , the Ashdown Case was urged as control- ling , but the court said " no case of a bill filed by an infant " for the specific enforcement of a contract had been found in the books . John Norton Pomeroy , Jr. , the au- thor of the ...
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Common terms and phrases
action affirmed agent alleged amount annotation appeared appellant application appoint a receiver Asso attorney attorney at law authority bailee bailment bailor Bank bond cause charge claim client complaint contract contractor corporation court of equity damages debt defendant defendant's delivered deposited detinue disbarment duty dynamite caps employee enforce entitled erty ex rel explosion fact fendant fraud funds going corporation ground held injury Iowa judgment junior mortgagee jurisdiction jury labor liable lien loco parentis ment Minn minority stockholders mortgage N. Y. Supp negligence officers owner paid parties payable payment performance plaintiff plaintiff in error poration possession proceedings question reason remedy rule sion specific performance statute Stewart Dry suit supra surety Teleg tion trust usury
Popular passages
Page 292 - Whenever the Court is of opinion that it is just and equitable that the Company should be wound up.
Page 419 - ... without regard to fault as a cause thereof, except where the injury is occasioned by the willful intention of the injured employee to bring about the injury or death of himself or of another, or where the injury results solely from the intoxication of the injured employee while on duty...
Page 647 - It may be said in a general way that the police power extends to all the great public needs. ... It may be put forth in aid of what is sanctioned by usage, or held by the prevailing morality or strong and preponderant opinion to be greatly and immediately necessary to the public welfare.
Page 118 - ... incapable of enforcing it against the other, though its execution in the latter way might in itself be free from the difficulty attending its execution in the former.").
Page 454 - Kiel (Minn.) supra, it was held that the court should have submitted to the jury the question whether the...
Page 496 - This Company shall not be liable for a greater proportion of any loss than the amount hereby insured shall bear to the whole insurance covering the property against the peril involved, whether collectible or not.
Page 597 - A trustee who willfully and unnecessarily mingles the trust property with his own, so as to constitute himself in appearance its absolute owner, is liable for its safety in all events, and for the value of its use.
Page 47 - Every person who makes, passes, utters, or publishes, with intention to defraud any other person, or who, with the like intention, attempts to pass, utter, or publish, or who has in his possession, with like intent to utter, pass, or publish, any fictitious bill, note, or check, purporting to be the bill, note, or check, or other instrument in writing for the payment of money...
Page 605 - ... for the frauds, deceits, concealments, misrepresentations, torts, negligences, and other malfeasances, or misfeasances, and omissions of duty, of his agent in the course of his employment, although the principal did not authorize, or justify, or participate in, or indeed know of such misconduct, or even if he forbade the acts or disapproved of them.
Page 575 - ... or which may be due and owing to me at the time of my decease.) Thirdly.