Alberta Law Reports, Volume 5Burroughs, 1914 - Law reports, digests, etc |
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Common terms and phrases
action affidavit agent agreed agreement Alberta alleged Alta amendment appeal application arbitrator authority BANC Beck BORLAND building Calgary Canadian Pacific Railway Caskey caveat CLARESHOLM condition consensus ad idem contract costs Court Court of equity covenant Dale damages default defendant company defendant's deposit dismissed district documents Edgar Edmonton election entitled Evans evidence examination for discovery fact fendant filed Frank Ford fraud give given ground Harvey Hewer interest judgment Justice L.J. Ch land lease liable lots Manahan Manitoba Medicine Hat memorandum ment months mortgage negligence notice objection Ontario opinion option Ordinance owner paid parties payment person petition petitioner plaintiff poll provides question reason referred requisition respondent rule says Scott shew shewn signed Simmons solicitor specific performance statement of claim statute Statute of Frauds Stuart tion trial Judge vendor vote Walsh witnesses words
Popular passages
Page 221 - Whereas no action at law is now maintainable against a person who by his wrongful act, neglect, or default may have caused the death of another person, and it is oftentimes right and expedient that the wrongdoer in such case should be answerable in damages for the injury so caused by him...
Page 15 - It shall not be sufficient for a defendant in his statement of defence to deny generally the grounds alleged by the statement of claim, or for a plaintiff in his reply to deny generally the grounds alleged in a defence by way of counterclaim, but each party must deal specifically with each allegation of fact of which he does not admit the truth, except damages.
Page 81 - ... if, whatever a man's real intention may be, he so conducts himself that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its truth...
Page 212 - A person shall not be liable to be convicted of the offence unless the testimony admitted by virtue of this section and given on behalf of the prosecution is corroborated by some other material evidence in support thereof implicating the accused...
Page 88 - And it is invalid not merely on the ground of fraud, where fraud exists, but on the ground that the mind of the signer did not accompany the signature ; in other words, that he never intended to sign, and therefore in contemplation of law never did sign, the contract to which his name is appended.
Page 190 - ... a man who orders a work to be executed, from which, in the natural course of things, injurious consequences to his neighbor must be expected to arise, unless means are adopted by which such consequences may be prevented...
Page 82 - It would be more accurate to say, that where the mistake is wholly caused by the want of that care and diligence in the transaction which should be used by every person of reasonable prudence, and the absence of which would be a violation of legal duty, a court of equity will not interpose its relief...
Page 41 - ... or not, I think the fair inference is that the legislature intended that discretion to be exercised in strict conformity with private rights, and did not intend to confer license to commit nuisance in any place which might be selected for the purpose": See, also, Truman v.
Page 11 - I think the appeal should be allowed with costs, the judgment below set aside, and judgment entered for the plaintiff for $488.50 and costs of the action.
Page 327 - I have supposed ; but it is not arbitrary or unreasonable to hold that when the statute says that no action is to be brought to charge any person upon a contract concerning land, it has in view the simple case in which he is charged upon the contract only, and not that in which there are equities resulting from res gestae subsequent to and arising out of the contract.