The Northeastern Reporter, Volumen5West Publishing Company, 1886 Includes the decisions of the Supreme Courts of Massachusetts, Ohio, Indiana, and Illinois, and Court of Appeals of New York; May/July 1891-Mar./Apr. 1936, Appellate Court of Indiana; Dec. 1926/Feb. 1927-Mar./Apr. 1936, Courts of Appeals of Ohio. |
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Página 28
... DAMAGES IN ACTION BY CONTRACTOR . Where a contractor in an action on a special contract for certain work which he has completed , counts not only upon the contract , but also claims damages for loss sustained by reason of the failure of ...
... DAMAGES IN ACTION BY CONTRACTOR . Where a contractor in an action on a special contract for certain work which he has completed , counts not only upon the contract , but also claims damages for loss sustained by reason of the failure of ...
Página 30
... damage $ 1,500 . It is averred that the defendant paid to the plaintiff on account of the contract the sum of $ 11,000 , " or thereabouts , " and that there is still due him on the contract , and for damages on account of the default of ...
... damage $ 1,500 . It is averred that the defendant paid to the plaintiff on account of the contract the sum of $ 11,000 , " or thereabouts , " and that there is still due him on the contract , and for damages on account of the default of ...
Página 31
... damages are claimed for certain specified breaches of the contract on the defendant's part , which it is claimed resulted in loss to the plaintiff . The appellant insists that the plaintiff's right of recovery , he having completed the ...
... damages are claimed for certain specified breaches of the contract on the defendant's part , which it is claimed resulted in loss to the plaintiff . The appellant insists that the plaintiff's right of recovery , he having completed the ...
Página 32
... damages to the contractor , may render the former liable for such damages notwithstanding the latter has not abandoned the contract . While it is true the contract , so long as it is treated as subsisting , must be looked to as ...
... damages to the contractor , may render the former liable for such damages notwithstanding the latter has not abandoned the contract . While it is true the contract , so long as it is treated as subsisting , must be looked to as ...
Página 34
... damages interest at the rate of 6 per cent . on the amount actually in- vested by him in getting out stone and preparing to perform the con- tract , for such time as he was delayed by the failure of the defendant . The admission of the ...
... damages interest at the rate of 6 per cent . on the amount actually in- vested by him in getting out stone and preparing to perform the con- tract , for such time as he was delayed by the failure of the defendant . The admission of the ...
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Términos y frases comunes
action affirmed agreement alleged amount appellant appellant's appellee appellee's appointed authority averred bill bond cause cause of action charge circuit court claim commissioners complaint contract conveyance corporation counsel court of equity creditors damages debt declaration decree deed defect defendant defendant's demurrer duty dying declarations election entitled error evidence execution facts Filed January Filed March held instructions intestate issue January 25 judge judgment jury land liable Mass McLeansboro ment mortgage motion N. E. Rep opinion overruled owner paid parties payment person petition plaintiff plaintiff in error possession proceedings promissory note purchase question quo warranto real estate reason received recover refused replevin rule statute statute of frauds street subrogated sufficient superior court sustained term testator testified thereof tion town township trial trustees verdict wife witness writ
Pasajes populares
Página 603 - ... receive the sacrament of the Lord's supper, according to the usage of the Church of England...
Página 340 - The only general rule that can be laid down upon the subject is that the circumstances must be such as would lead the guarded discretion of a reasonable and just man to the conclusion...
Página 549 - ... matter which might have been brought forward as part of the subject in contest, but which was not brought forward only because they have from negligence, inadvertence or even accident omitted part of their case.
Página 240 - In testimony whereof I have hereunto set my hand and caused the great seal of the State to be affixed, at the City of...
Página 181 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Página 599 - No person, or collection of persons, being one of these departments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted, and all acts in contravention of this section shall be void.
Página 610 - I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States, and the constitution of the state of New York ; and that I will faithfully discharge the duties of the office of according to the best of my ability.
Página 25 - ... there shall be in this State hereafter, but one form of action, for the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be denominated a civil action.
Página 642 - I give and bequeath to my said wife • » • all of the estate, real and personal, of which I shall die seized, possessed, or entitled to. I recommend to her the care and protection of my mother and sister, and request her to make such gift and provision for them as in her judgment will be best.
Página 350 - The act of an officer de facto, when it is for his own benefit, Is void, because he shall not take advantage of his own want of title, which he must be conusant of ; but where it Is for the benefit of strangers or the public, who are presumed to be ignorant of such defect of title, it is good.