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" A debtor or pledgor waives a demand of performance as a condition precedent to a sale of the property pledged, by a positive refusal to perform, after performance is due; but cannot waive it in any other manner except by contract. "
Report of Commissioner for Revision and Reform of the Law: General Laws ... - Page 28
by California. Commission for Revision and Reform of the Law - 1909 - 87 pages
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The Civil Code of the State of California: As Enacted in 1872, Amended at ...

California - Civil law - 1876 - 626 pages
...to perform, after performance is due; but eannot waive it in any other manner except by contract. § 3005. The sale by a pledgee, of property pledged,...public auction, in the manner and upon the notice to the public usual at the place of sale, in respect to auction sales of similar property; and must...
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Reports of Cases Argued and Determined in the Supreme Court of the Territory ...

Dakota Territory. Supreme Court, Granville Gaylord Bennett, Ellison Griffith Smith, Robert B. Tripp - Law reports, digests, etc - 1882 - 582 pages
...italics are mine) " extinguishes the lien thereon." Section 1776, in the Title on Pledge, provides : " The sale by a pledgee, of property pledged, must be...public auction, in the manner and upon the notice to the public usual at the place oi sale, in respect to auction sales ol similar property, and must...
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A Treatise on the Law of Mortgages on Personal Property

Leonard Augustus Jones - Chattel mortgages - 1894 - 936 pages
...performance is due, but cannot waive it in any other manner except by contract. The sale by a pledgee must be made by public auction, in the manner and upon the notice to the public usual at the place of sale in respect to auction sales of similar property, and must...
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Digest of the Reports of the Supreme Court of California: Volumes ..., Volume 3

California. Supreme Court - Law reports, digests, etc - 1895 - 1104 pages
...the time and place of sale or previous demand of payment. (Hyatt v. Argenti, 3 Cal. 151.) 69. Sale by pledgee of property pledged must be made by public auction, in the manner and upon notice to the public usual at the place of sale in respect to auction sales of similar property, and...
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Journal: Appendix. Reports

California. Legislature - California - 1899 - 575 pages
...by contract. Sale must be by auction. SEC. 3005. The sale by a pledgee, of property pledged, must 2 be made by public auction, in the manner and upon the notice 3 to the public usual at the place of sale, in respect to auction 4 sales of similar property ; and...
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Report of the Commissioners for the Revision and Reform of the Law ..., Part 1

California. Commission for Revision and Reform of the Law - Civil law - 1899 - 586 pages
...by contract. Sale must be by auction. SEC. 3005. The sale by a pledgee, of property pledged, must 2 be made by public auction, in the "manner and upon the notice 3 to the public usual at the place of sale, in respect to auction 4 sales of similar property ; and...
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

Appellate courts - 1901 - 822 pages
...pledged will be sold, at such a reasonable time before the sale as will enable the pledgor to attend." "Sec. 3005. The sale by a pledgee, of property pledged,...public auction, in the manner and upon the notice to the public usual at the place of sale, In respect to auction sales of similar property; and must...
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Civil code

Idaho - 1901 - 444 pages
...other manner except by contract. 1887 RS Sec. 3422. Section 9846. Sale «n*t be by Public Auction: The sale by a pledgee of property pledged, must be...by public auction in the manner and upon the notice required upon sale of personal property under execution; and must be for the highest obtainable price....
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A Treatise on the Law of Pledges: Including Collateral Securities

Leonard Augustus Jones - Pledges (Law) - 1901 - 942 pages
...to perform, after performance is due, but can not waive it in any other manner except by contract. The sale by a pledgee, of property pledged, must be made by public auction, in the manner and upou the notice to the public usual at the place of sale, in respect to auction sales of similar property;...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volume 82

California. Supreme Court - Law reports, digests, etc - 1906 - 786 pages
...OF LIMITATIONS, 1. PLEDGE. CHATTEL MORTGAGE — SALE UNDER POWER — AUCTION — NOTICE OF SALS. — The sale by a pledgee of property pledged must be made by public auction, in the manner and upon notice to the public usual at the place of sale in respect to auction sales of similar property, and...
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