Alberta Law Reports, Volume 18Burroughs, 1923 - Law reports, digests, etc |
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Common terms and phrases
accused action agreed agreement Alberta allowed with costs Alta amount Appeal allowed appeal was heard appeal with costs APPELLATE DIVISION application assessment bank Beck Brown Investment Calgary Canada circumstances claim coal contract conviction Court Court of Chancery covenant creditors damages defendant's delivery dismissed with costs Edmonton entitled evidence execution fact Farrelly Brothers floating charge Frank Ford fraud garnishee given held HYNDMAN and CLARKE intended interest interpleader J.A. ad hoc J.A. App JJ.A Joseph Schwartz judgment jurisdiction L.J. Ch land lease liability lien Lumber magistrate ment mineral rights mortgage Natural Gas opinion Ordinance owner paid parties payment person possession provisions purchaser question reason respect respondent Royal Trust Company Scottish Canadian seizure shares Simmons solicitors for defendant solicitors for plaintiff statute Stuart taxes tion trial Judge trust vendor Walsh wife William Schwartz Williscroft words
Popular passages
Page 530 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself — or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 447 - ... (1) Where there is a contract for the sale of specific or ascertained goods the property in them is transferred to the buyer at such .time as the parties to the contract intend it to be transferred. (2) For the purpose of ascertaining the intention of the parties regard shall be had to the terms of the contract, the conduct of the parties, and the circumstances of the case.
Page 401 - Where there is an available market for the goods in question, the measure of damages...
Page 456 - ... principal. In a multitude of cases that must necessarily result. He may have Introduced to each other parties who otherwise would have never met; he may have created Impressions which, under later and more favorable circumstances, naturally lead to and materially assist In the consummation of a sale; he may have planted the very seeds from which others reap the harvest; but all that gives him no claim. it was part of his risk that, failing himself, not successful In fulfilling his obligations,...
Page 139 - ... accompanied by an immediate delivery, and followed by an actual and continued change of possession...
Page 125 - ... within three days after he shall have obtained knowledge of the construction, alteration or repair, or the intended construction, alteration or repair, give notice that he will not be responsible for the same...
Page 511 - Provided that no such writ shall prejudice the title to such goods acquired by any person in good faith and for valuable consideration, unless such person had at the time when he acquired his title notice that such writ or any other writ by virtue of which the goods of the execution debtor might be seized or attached had been delivered to and remained unexecuted in the hands of the sheriff. (2.) In this section the term "sheriff" includes any officer charged with the enforcement of a writ of execution.
Page 86 - If any defendant claims to be entitled to any equitable estate or right, or to relief upon any equitable ground against any deed, instrument, or contract, or against any right, title, or claim asserted by any plaintiff or petitioner in such cause or matter, or alleges any ground of equitable defence to any claim of the plaintiff...
Page 583 - And be it further enacted, that no conveyance or other act made or done subsequently to the execution of a will of or relating to any real or personal estate therein comprised, except an act by which such will shall be revoked as aforesaid, shall prevent the operation of the will with respect to such estate or interest in such real or personal estate as the testator shall have power to dispose of by will at the time of his death.
Page 299 - ... (i.) a bank is kept by one or more of the players exclusively of the others ; or (ii.) in which any game is played the chances of which are not alike favourable to all the players, including among the players the banker or other person by whom the game is managed, or against whom the game is managed, or against whom the other players stake, play or bet.