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acceptance action actual agent agreed agreement alleged amount answer appears applied authority bank become bill binding bound brought cause charge charter circumstances claimed common condition consideration considered constitute contract corporation court creditors damages debt decision defendant delivered delivery demand dollars duty effect entered entitled evidence executed existence express fact firm give given ground guaranty held hold individual instructions intention interest joint judge judgment jury land letter liability loss Mass material means nature necessary notice offer opinion owner paid parties partnership pass payment performance person plaintiff possession present principle promise proved purchase question reason received recover reference refused respect rule says separate share sold statute sufficient taken thing tion trial unless writing written
Страница 139 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly or as incidental to its very existence.
Страница 186 - That no contract for the sale of any goods, wares and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold and actually receive the same or give something in earnest to bind the bargain, or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
Страница 352 - ... and value independent of the parties to them. They are not commodities to be shipped or forwarded from one state to another, and then put up for sale. They are like other personal contracts between parties which are completed by their signature and the transfer of the consideration. Such contracts are not interstate transactions, though the parties may be domiciled in different states.
Страница 456 - a delivery of goods in trust upon a contract, expressed or implied, that the trust shall be duly executed, and the goods...
Страница 82 - Stilted with greater elaboration, "a valuable consideration, in the sense of the law, may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.
Страница 219 - ... instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon. The special verdict or finding must be filed with the clerk and entered upon the minutes. Where a special finding of facts is inconsistent with the general verdict, the former controls the latter, and the court must give judgment accordingly.— 1909-193.
Страница 140 - It is chiefly for the purpose of clothing bodies of men in succession with these qualities and capacities that corporations were invented and are in use. By these means, a perpetual succession of individuals are capable of acting for the promotion of the particular object, like one immortal being.
Страница 228 - And the relation of master and servant exists whenever the employer retains the right to direct the manner in which the business shall be done, as well as the result to be accomplished, or, in other words, "not only what shall be done but how it shall be done.
Страница 602 - ... by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.