Reports of Cases in the Supreme Court of Appeals of Virginia, Том 90D. Bottom, Superintendent of Public Print., 1895 Some vols. also contain reports of cases in the General Court of Virginia. |
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Страница 6
... intention of the par- ties , and the words employed are not inconsistent with such intention . Assuming this to be the true construction of the contract , we are of opinion that the plaintiff is entitled to recover . As was said in R ...
... intention of the par- ties , and the words employed are not inconsistent with such intention . Assuming this to be the true construction of the contract , we are of opinion that the plaintiff is entitled to recover . As was said in R ...
Страница 40
... intention was to create a specific lien on the estate . 3. HUSBAND - Estoppel . - Where husband was not guilty of any fraud , actual or constructive , in negotiating the loan , he is not estopped from denying the validity of such deed ...
... intention was to create a specific lien on the estate . 3. HUSBAND - Estoppel . - Where husband was not guilty of any fraud , actual or constructive , in negotiating the loan , he is not estopped from denying the validity of such deed ...
Страница 42
... intention on her part to make the estate so liable . But no such general intention can be implied in the present case , because the notes which were intended to be secured by the deed of trust were not signed by Mrs. Cussen , nor does ...
... intention on her part to make the estate so liable . But no such general intention can be implied in the present case , because the notes which were intended to be secured by the deed of trust were not signed by Mrs. Cussen , nor does ...
Страница 43
... intention that the other party should act upon it ; and 5 . The other party must have been induced to act upon it . Bige- low , Estop . ( 3d ed . ) , 484. And the same author says further ( at p . 490 ) that the misrepresentation must ...
... intention that the other party should act upon it ; and 5 . The other party must have been induced to act upon it . Bige- low , Estop . ( 3d ed . ) , 484. And the same author says further ( at p . 490 ) that the misrepresentation must ...
Страница 74
... mere fact of payment will not always be sufficient to raise a clear presumption of a trust . Evidence of intention must often enter into the fact whether Opinion . that payment is such an equity under the 74 STEAGALL . STEAGALL .
... mere fact of payment will not always be sufficient to raise a clear presumption of a trust . Evidence of intention must often enter into the fact whether Opinion . that payment is such an equity under the 74 STEAGALL . STEAGALL .
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Страница 243 - When parties have deliberately put their engagements into writing, in such terms as import a legal obligation, without any uncertainty as to the object or extent of such engagement, it is conclusively presumed that the whole engagement of the parties, and the extent and manner of their undertaking, was reduced to writing...
Страница 935 - He must, in the language of the cases, have sufficient active memory to collect in his mind, without prompting, the particulars or elements of the business to be transacted and to hold them in his mind a sufficient length of time to perceive at least their obvious relations to each other, and be able to form some rational judgment in relation to them.
Страница 303 - And it may be said, generally, that the legislation of a state, not directed against commerce or any of its regulations, but relating to the rights, duties, and liabilities of citizens, and only indirectly and remotely affecting the operations of commerce, is of obligatory force upon citizens within its territorial jurisdiction, whether on land or water, or engaged in commerce, foreign or interstate, or in any other pursuit.
Страница 131 - Amendment, broad and comprehensive as it is, nor any other amendment was designed to interfere with the power of the state, sometimes termed its "police power," to prescribe regulations to promote the health, peace, morals, education, and good order of the people, and to legislate so as to increase the industries of the state, develop its resources and add to its wealth and prosperity.
Страница 440 - So many and varied are the circumstances to be taken into account in determining the value of property condemned for public purposes, that it is perhaps impossible to formulate a rule to govern its appraisement in all cases. Exceptional circumstances will modify the most carefully guarded rule; but, as a general thing, we should say that the compensation to the owner is to be estimated by reference to the uses for which the property is suitable, having regard to the existing business or wants of...
Страница 599 - The act declared that the coupons should be payable semi-annually, and " be receivable at and after maturity for all taxes, debts, dues, and demands due the State," and that this should be so expressed on their face.
Страница 45 - ... 1. There must have been a false representation or a concealment of material facts ; 2. The representation must have been made with knowledge of the facts; 3. The party to whom it was made must have been ignorant of the truth of the matter; 4. It must have been made with the intention that the other party should act upon it; 5. The other party must have been induced to act upon it": Bigelow on Estoppel, 3d ed., 484.
Страница 727 - ... their inspection, if the purchaser does not avail himself of these means and opportunities, he will not be heard to say that he has been deceived by the vendor's misrepresentations. If, having eyes, he will not see matters directly before them, where no concealment is made or attempted, he will not be entitled to favorable consideration when he complains that he has suffered from his own voluntary blindness, and been misled by overconfidence in the statements of another.
Страница 725 - Where the means of knowledge are at hand, and equally available to both parties, and the subject of purchase is alike open to their inspection, if the purchaser does not avail himself of these means and opportunities he will not be heard to say that he has been deceived by the vendor's misrepresentations.
Страница 498 - He is, no doubt, bound to provide for the safety of his servant in the course of his employment, to the best of his judgment, information, and belief.