A Treatise on the Rescission of Contracts and Cancellation of Written Instruments, Том 1Vernon law book Company, 1916 - 1779 страница |
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Страница xxiii
... Sell . 599. Same ; Use , Change of Condition , Impairment , or Destruc- tion of Subject . 600. Same ; Possession or Use for Purpose of Testing . 601. Making Payments . 602 . Obtaining Indulgence or Extension of Time . 603. Demand or ...
... Sell . 599. Same ; Use , Change of Condition , Impairment , or Destruc- tion of Subject . 600. Same ; Possession or Use for Purpose of Testing . 601. Making Payments . 602 . Obtaining Indulgence or Extension of Time . 603. Demand or ...
Страница 34
... sell has been made with the giving of earnest , each of the contracting parties is at liberty to recede from the promise , to wit : he who has given the earnest , by for- feiting it , and he who has received it , by returning the double ...
... sell has been made with the giving of earnest , each of the contracting parties is at liberty to recede from the promise , to wit : he who has given the earnest , by for- feiting it , and he who has received it , by returning the double ...
Страница 56
... sell is placed in the hands of the owner's agent , with in- structions not to deliver it to the purchaser save on the per- formance of certain conditions , and the agent disobeys his instructions and delivers the deed without ...
... sell is placed in the hands of the owner's agent , with in- structions not to deliver it to the purchaser save on the per- formance of certain conditions , and the agent disobeys his instructions and delivers the deed without ...
Страница 80
... sell land to defendant at a price less than what he was authorized to take , and he had sold other land in the same survey for the same own- ers and had acted as their agent for years , and the defend- ant , supposing that the agent had ...
... sell land to defendant at a price less than what he was authorized to take , and he had sold other land in the same survey for the same own- ers and had acted as their agent for years , and the defend- ant , supposing that the agent had ...
Страница 81
... sell the property to him , or otherwise to deal with him , according to the case , the transaction is so far tainted with fraud that the prin- cipal may rescind and repudiate it , if he acts with due promptness upon discovering the ...
... sell the property to him , or otherwise to deal with him , according to the case , the transaction is so far tainted with fraud that the prin- cipal may rescind and repudiate it , if he acts with due promptness upon discovering the ...
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Чести термини и фразе
action of deceit agent alleged artifice assertion Bank buyer cancellation caveat emptor Code Cal Code Mont Colo confidential relation constructive fraud contract conveyance corporation court of equity damages deed defendant defrauded duty entitled executed existing false representations falsity fiduciary fraudulent representations grantee grantor ground held induced injury insolvency instrument Iowa justify knowledge land Law Rep liable Lumber Mass material fact matter ment Mercantile Trust Co Minn Misc misrepresentation mistake mistake of law N. J. Eq N. J. Law N. Y. Supp obtained party plaintiff practised principal purchaser quitclaim deed reason relief rescind rescission rule Security Mut seller sentations signing Smith sold South Super Tenn third person tion tract transaction trust truth vendor voidable warrant Wash
Популарни одломци
Страница 24 - Mistake of fact is a mistake, not caused by the neglect of a legal duty on the part of the person making the mistake, and consisting in (1) an unconscious ignorance or forgetfulness of a fact, past or present, material to the contract; or (2) belief in the present existence of a thing material to the contract, which does not exist, or in the past existence of such a thing, which has not existed.
Страница 24 - ... 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2. The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; 3.
Страница 230 - There must be a misstatement of an existing fact, but the state of a man's mind is as much a fact as the state of his digestion.
Страница 545 - ... there must be some actual or threatened exercise of power possessed, or believed to be possessed, by the party exacting or receiving the payment over the person or property of another, from which the latter has no other means of immediate relief than by making the payment.
Страница 374 - Ignorantia juris haud excusat; but in that maxim the word 'jus' is used in the sense of denoting general law, the ordinary law of the country. But when the word 'jus' is used in the sense of denoting a private right, that maxim has no application. Private right of ownership is a matter of fact ; it may be the result also of matter of law; but if parties contract under a mutual mistake and misapprehension as to their relative and respective rights, the result is, that that agreement is liable to be...
Страница 712 - A contract ultra vires being unlawful and void not because it is in itself immoral, but because the corporation, by the law of its creation, is incapable of making it, the courts, while refusing to maintain any action upon the unlawful contract, have always striven to do justice between the parties, so far as could be done consistently with adherence to law, by permitting property or money, parted with on the faith of the unlawful contract, to be recovered back, or compensation to be made for it.
Страница 26 - Rescission, when not effected by consent, can be accomplished only by the use, on the part of the party rescinding, of reasonable diligence to comply with the following rules: (1) he must rescind promptly, upon discovering the facts which entitle him to rescind...
Страница 480 - ... where from the nature of the contract it appears that the parties must from the beginning have known...
Страница 670 - A minor cannot disaffirm a contract, otherwise valid, to pay the reasonable value of things necessary for his support, or that of his family, entered into by him when not under the care of a parent or guardian able to provide for him or them;217 provided, that these things have been actually furnished to him or to his family.218 § 37.
Страница 433 - No principle of the common law has been better established, or more often affirmed, both In this country and In England, than that In sales of personal property, in the absence of express warranty, where the buyer has an opportunity to Inspect the commodity, and the seller Is guilty of no fraud, and is neither the manufacturer nor grower of the article he sells, the maxim of caveat emptor applies.