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acceptance accord and satisfaction adverse possession agency agent agreed agreement amount Appendix Note arise authority binding bound breach buyer carrier caveat emptor charter claim clause common law Company complete condition precedent consideration construction contract-writing corporation court creditors deed delivered delivery discharge discussion doctrine duties easement effect eminent domain engineer's engineering contracts existence Explain express extras fact firm fraud give given held Hence holder implied contract important independent contractor indorser injury instrument intention land law merchant liable lien liquidated damages materials matter meaning meant municipal necessary negligence negotiable negotiable instrument obligation owner paid parties partner partnership payment performance person possession powers practical principal provisions public policy purpose quantum meruit quasi-contract question railroad reason reference relation result rule seller sewers specifications Statute Statute of Frauds stockholders student Suppose tion tort tract ultra vires undisclosed principal warranty
Page 144 - El. 469, a leading case of estoppel by conduct, it was said " the rule of law is clear that where one by his words or conduct willfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 211 - On or at a fixed period after the occurrence of a specified event, which is certain to happen, though the time of happening be uncertain. An instrument payable upon a contingency is not negotiable, and the happening of the event does not cure the defect.
Page 212 - The instrument is payable to bearer — 1. When it is expressed to be so payable; or 2. When it is payable to a person named therein or bearer; or 3. When it is payable to the order of a fictitious or nonexisting person, and such fact was known to the person making it so payable; or 4.
Page 87 - ... the failure to observe, for the protection of the interests of another person, that degree of care, precaution, and vigilance which the circumstances justly demand, whereby such other person suffers injury.
Page 148 - But the liability of a shareholder to pay for stock does not arise ,out of his relation, but depends upon his contract, express or implied, or upon some statute, and in the absence of either of these grounds of liability, we do not perceive how a person to whom shares have been issued as a gratuity has, by accepting them, committed any wrong upon creditors, or made himself liable to pay the nominal face of the shares as upon a subscription or contract.
Page 198 - If the seller is a dealer in goods of that kind, there is an implied warranty that the goods shall be free from any defect rendering them unmerchantable which would not be apparent on reasonable examination of the sample.
Page 155 - Every one who by words spoken or written or by conduct represents himself, or who knowingly suffers himself to be represented, as a partner in a particular firm, is liable as a partner to any one who has on the faith of any such representation given credit to the firm, whether the representation has or has not been made or communicated to the person so giving credit by or with the knowledge of the apparent partner making the representation or suffering it to be made.
Page 10 - ... positive provisions, and adapted to the precise circumstances of particular cases, which would become obsolete and fail when the practice and course of business to which they apply should cease or change, the common law consists of a few broad and comprehensive principles, founded on reason, natural justice, and enlightened public policy, modified and adapted to the circumstances of all the particular cases which fall within it.
Page 286 - Any difference arising as to ordinary matters connected with the partnership business may be decided by a majority of...
Page 198 - Where, in pursuance of a contract to sell or a sale, the seller is authorized or required to send the goods to the buyer, delivery of the goods to a carrier, whether named by the buyer or not, for the purpose of transmission to the buyer is deemed to be a delivery of the goods to the buyer, except in the cases provided for in section 19, rule 5, or unless a contrary intent appears.