Reports of Cases Determined in the Courts of Appeal of the State of California, 35. sējumsBancroft-Whitney, 1918 |
No grāmatas satura
1.–5. rezultāts no 100.
6. lappuse
... defendant two horses on Decem- ber 11 , 1916 , for which defendant promised and agreed to pay plaintiff the sum of $ 375 ; that the whole amount thereof is still owing and unpaid , with interest thereon from the eleventh day of December ...
... defendant two horses on Decem- ber 11 , 1916 , for which defendant promised and agreed to pay plaintiff the sum of $ 375 ; that the whole amount thereof is still owing and unpaid , with interest thereon from the eleventh day of December ...
7. lappuse
... defendant two horses for which defendant agreed to pay the sum alleged in the complaint , to wit , $ 375 . Second : That defendant has not paid said sum or any part thereof , and the whole amount is due , together with interest from the ...
... defendant two horses for which defendant agreed to pay the sum alleged in the complaint , to wit , $ 375 . Second : That defendant has not paid said sum or any part thereof , and the whole amount is due , together with interest from the ...
8. lappuse
... defendant , as claimed by him in his answer , " discovered that said warranty was , as so alleged by him , false in ... defendant promptly rescinded said agreement ; that it is true that defendant did not , at any time , promptly rescind ...
... defendant , as claimed by him in his answer , " discovered that said warranty was , as so alleged by him , false in ... defendant promptly rescinded said agreement ; that it is true that defendant did not , at any time , promptly rescind ...
9. lappuse
... defendant examined the horses very carefully , and , after much bargaining , the sale was effected , as plaintiff testified , upon the following terms : That defendant was to pay $ 375 for the two horses and that as plaintiff had agreed ...
... defendant examined the horses very carefully , and , after much bargaining , the sale was effected , as plaintiff testified , upon the following terms : That defendant was to pay $ 375 for the two horses and that as plaintiff had agreed ...
10. lappuse
... defendant was induced to purchase the horses by reason of any warranty . The burden was on defendant not only to prove the warranty , but that he relied upon it . The memorandum was written by a clerk in the store to which the parties ...
... defendant was induced to purchase the horses by reason of any warranty . The burden was on defendant not only to prove the warranty , but that he relied upon it . The memorandum was written by a clerk in the store to which the parties ...
Citi izdevumi - Skatīt visu
Bieži izmantoti vārdi un frāzes
affirmed agreement Aldersley alleged amount answer application assessment attorney attorney at law authority bond cause heard cause of action charge Civil Code Civil Procedure claim Code of Civil Company compensation concurred contention contract corporation counsel County court of appeal crime damages deceased deed default defendant defendant's demurrer district court duty employee entitled evidence execution facts fendant filed findings fraudulent hundred dollars Industrial Accident Commission injury instruction issue Judge judgment jury land lien McClellan ment motion offense opinion order denying owner paid party payment person petition petitioner plaintiff pleadings proceeding promissory note prosecution purchase purpose question quiet title real property reason record Respondent Second Appellate Sierra County Sonoma County statute stockholder sufficient Superior Court supreme court surety sustained testified testimony therein thereof thousand dollars tion trial court verdict witness writ
Populāri fragmenti
432. lappuse - Manslaughter is the unlawful killing of a human being, without malice. It is of two kinds: 1. Voluntary — upon a sudden quarrel or heat of passion. 2. Involuntary — in the commission of an unlawful act, not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection.
889. lappuse - It need not have been foreseen or expected, but after the event it must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a rational consequence.
268. lappuse - ... together with all and singular the tenements, hereditaments, and appurtenances, thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest.
719. lappuse - That a witness false in one part of his testimony is to be distrusted in others; 4.
630. lappuse - The parties to a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.
212. lappuse - Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
625. lappuse - For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this Code, Ls the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not...
12. lappuse - Wilkinson as receiver recited that he was appointed "with the usual powers of receivers in such cases upon his filing a bond with the clerk of this court and executed to the state of California in the penal sum of ten thousand dollars, conditioned for the faithful performance and discharge of his duties in the usual form.
97. lappuse - Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is not to be extended, by implication, beyond the terms of his contract. To the extent, and in the manner, and under the circumstances, pointed out in his obligation, he is bound, and no further.
478. lappuse - ... upon such terms as may be just, relieve a, party or his legal representative from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect...