The Northwestern Reporter, Band 60West Publishing Company, 1895 |
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Seite 1
... contract is limited as to his rights by the terms of such contract , and a recovery contrary thereto cannot be sustained . 2. Where a vendee had failed to perform ac- cording to the terms of a written executory con- tract for the ...
... contract is limited as to his rights by the terms of such contract , and a recovery contrary thereto cannot be sustained . 2. Where a vendee had failed to perform ac- cording to the terms of a written executory con- tract for the ...
Seite 2
... contract with Murphy . Then , on the failure of Murphy to pay , Pat- terson chose to rescind the contract and put an end to the same , so that when this ac- tion was brought there was no subsisting contract between the parties , on ...
... contract with Murphy . Then , on the failure of Murphy to pay , Pat- terson chose to rescind the contract and put an end to the same , so that when this ac- tion was brought there was no subsisting contract between the parties , on ...
Seite 9
... contract be- tween appellant and Karr until July 18 , 1890 , when Karr surrendered his contract for the purchase of the lots to McCandless , by whom , at Karr's request , another like contract re- lating to the same subject - matter was ...
... contract be- tween appellant and Karr until July 18 , 1890 , when Karr surrendered his contract for the purchase of the lots to McCandless , by whom , at Karr's request , another like contract re- lating to the same subject - matter was ...
Seite 39
... contract ; or he could continue , under the contract , to do so much of the work as he was permitted to do , and recover damages for the interrup- tion . But , in case he did so , there is no rea- son why he should not be bound by the ...
... contract ; or he could continue , under the contract , to do so much of the work as he was permitted to do , and recover damages for the interrup- tion . But , in case he did so , there is no rea- son why he should not be bound by the ...
Seite 56
... contract , therefore , can- not be maintained by his testimony . He has produced , however , certain witnesses who have related conversations which they testi- fy they had with Mrs. Westra in her lifetime ; and if you find from these ...
... contract , therefore , can- not be maintained by his testimony . He has produced , however , certain witnesses who have related conversations which they testi- fy they had with Mrs. Westra in her lifetime ; and if you find from these ...
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action affidavit Affirmed agent alleged amount answer Appeal from district appellee assignment Bank bonds cause charge circuit court claim Closter complaint contract corporation counsel county seat creditors damages David Kaufman debt decree deed defendant defendant's dence district court Douglas county entitled evidence executed fact fendant filed foreclosure fraud fraudulent gage Gage county Hamlin county held homestead horse injury instructions interest Iowa issue Judge judgment jury land lien mechanic's lien ment Minn mortgage motion Nebraska negligence Omaha owner paid party payment person petition plain plaintiff in error pleadings premises purchase question quitclaim deed railroad railway reason record recover rendered rule sold statute statute of frauds suit Supreme Court sustained Syllabus testified testimony thereof tiff tion track transaction trial court trust verdict witness writ
Beliebte Passagen
Seite 293 - The court, in every stage of an action, must disregard any error or defect in the pleadings or proceedings which does not affect the substantial rights of the adverse party ; and no judgment shall be reversed, or affected, by reason of such error or defect.
Seite 295 - But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered.
Seite 323 - In the following cases every agreement shall be void, unless such agreement or some note, or memorandum thereof be in writing and subscribed by the party to be charged therewith : 1. Every agreement that by its terms is not to be performed within one year from the making thereof.
Seite 50 - A conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant .with the commission of the offense; and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof.
Seite 381 - It is admitted that the rule is difficult of application. But it is generally held that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Seite 193 - ... among these individuals, but where there is and because there is merely a community of interest among them in the questions of law and fact involved in the general controversy, or in the kind and form of relief demanded and obtained by or against each individual member of the numerous body.
Seite 133 - In the following cases the agreement is invalid, unless the same or some note or memorandum thereof be in writing, and subscribed by the party charged, or by his agent.
Seite 323 - No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing.
Seite 102 - ... this insurance, as to the interest of the mortgagee (or trustee) only therein, shall not be invalidated by any act or neglect of the mortgagor or owner...
Seite 348 - Court for, the owner, and no right of way shall be appropriated to the use of any corporation other than municipal until full compensation therefor be first made in money or ascertained and paid into Court for the owner, irrespective of any benefit from any improvement proposed by such corpo-ration, which compensation shall be ascertained by a jury, unless a jury be waived, as in other civil cases in a Court of record, as shall be prescribed by law.