Reports of Cases Determined in the Supreme Court of the State of California, Volume 76Bancroft-Whitney, 1906 - Law reports, digests, etc |
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Results 1-5 of 100
Page 34
... contract on the part of the defendant is not in the alternative ; it is not an agreement to perform the conditions ... contract- ing party , had power to violate its contract and take the consequences . But it was not authorized by the ...
... contract on the part of the defendant is not in the alternative ; it is not an agreement to perform the conditions ... contract- ing party , had power to violate its contract and take the consequences . But it was not authorized by the ...
Page 37
... contract , as it would be to sanction a recovery equally for damages certain or uncertain in their nature . " ( And see 1 Parsons on Contracts , 161. ) Mr. Sutherland says : " This is believed now to be the doc- trine generally held ...
... contract , as it would be to sanction a recovery equally for damages certain or uncertain in their nature . " ( And see 1 Parsons on Contracts , 161. ) Mr. Sutherland says : " This is believed now to be the doc- trine generally held ...
Page 38
... contract , whether under seal or not , the plaintiff should sue for that amount , for such is the contract . And such ( aside from the sug- gestion as to defendant's alternative promise ) seems to be the theory of the present action ...
... contract , whether under seal or not , the plaintiff should sue for that amount , for such is the contract . And such ( aside from the sug- gestion as to defendant's alternative promise ) seems to be the theory of the present action ...
Page 39
... contract containing the penalty is not the equivalent of an averment of damages caused by a breach of a condition of the contract , nor is a prayer for judgment for the penal sum an averment that the plaintiff has suffered damages in ...
... contract containing the penalty is not the equivalent of an averment of damages caused by a breach of a condition of the contract , nor is a prayer for judgment for the penal sum an averment that the plaintiff has suffered damages in ...
Page 40
... contract , does it set forth facts showing a substantial breach within the purpose and intent of the supposed contract ? The complaint avers that the defendant has been the owner of the land since the passage of the act of the ...
... contract , does it set forth facts showing a substantial breach within the purpose and intent of the supposed contract ? The complaint avers that the defendant has been the owner of the land since the passage of the act of the ...
Contents
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Common terms and phrases
action was brought adverse possession affidavit affirmed agreement alleged amended appeal Appellant application assessment attorney auditor bill of exceptions cause of action city and county Civil Code Civil Procedure claim Code Civ Code of Civil complaint concurred contract corporation counsel county of San damages deed defendant defendant's demurrer effect entitled error estoppel evidence facts favor fendant filed grant held homestead hundred dollars insured issued judge judgment and order jury Kings River land lien mandamus MCFARLAND MCKINSTRY ment mortgage motion Note citations notice opinion order denying order refusing owner paid parties payment person plaintiff possession premises purchase quantum meruit question railroad real property recover Respondent San Francisco SEARLS SHARPSTEIN sheriff statement statute statute of limitations street sufficient Superior Court sustaining thereof thousand dollars tiff tion tract trial void writ