Alberta Law Reports, Volume 2Burroughs, 1911 - Law reports, digests, etc |
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Common terms and phrases
action affidavit agent agreed agreement Alberta alleged amount appeal application assignment Bank Beck Biggar breach Brickton Calgary Canada cancellation cheque Colpman condition contract costs counsel Court en banc covenant creditors Crown damages debt deceased default defendant company defendant's dismissed dredge Edmonton entitled evidence executors fact fendant fire garnishee given Grand Trunk Pacific granted gravel ground Harvey held High River horses interest joinder judgment jurisdiction jury L. J. Ch L. J. Ex land lease Lethbridge liable lien lots Mannville ment mortgage Moxhay negligence notice opinion order-in-council Ordinance owner paid parties payment person Pincher Creek plaintiff plaintiff company possession promissory note provisions purchase price question Railway Act railway company reason referred respect rule secured creditors shew Sobey sold solicitor specific performance stallion statement of claim Stuart sufficient testator tion trial Judge vendor warranty
Popular passages
Page 315 - That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 343 - All persons may be joined as defendants against whom the right to any relief is alleged to exist, whether jointly, severally or in the alternative; and judgment may be given against such one or more of the defendants as may be found to be liable according to their respective liabilities, without any amendment.
Page 170 - If a day be appointed for payment of money or part of it, or for doing any other act, and the day is to happen or may happen before the thing which is the consideration of the money or other act is to be performed, an action may be brought for the money, or for not doing such other act before performance ; for it appears that the party relied upon his remedy, and did not intend " to make the performance a condition precedent...
Page 186 - 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 314 - When a signature is forged or made without the authority of the person whose signature it purports to be it is wholly inoperative, and no right to retain the instrument or to give a discharge therefor or to enforce payment thereof against any party thereto, can be acquired through or under such signature, unless the party against whom it is sought to enforce such right is precluded from setting up the...
Page 575 - Court shall conform with, and execute any Order which His Majesty in Council may think fit to make on an appeal from a judgment of the Court in like manner as any original judgment of the Court should or might have been executed.
Page 372 - ... is or was registered, or to see to the application of the purchase money or of any part thereof...
Page 428 - The property shall be returned in as good condition as when received, reasonable wear and tear excepted.
Page 420 - I am of opinion that the law is that a person possessed of goods as his property has a good title as against every stranger, and that one who takes them from him, having no title in himself, is a wrongdoer, and cannot defend himself by showing that there was title in some third person, for against a wrongdoer possession is title.
Page 67 - Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions; that is to say, the seller must be ready and willing to give possession of the goods...