A Selection of Cases on Commercial Law

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H. M. Rowe Company, 1917 - 626 sivua

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An Offer Once Refused Cannot Be Subsequently Accepted Without the Consent
55
An Infants Contract is Voidable and not Void
64
What are Necessaries?
70
An Infant May Disaffirm a Promise of Marriage
76
A Burden Incurred at the Request of the Other Party is a Sufficient Considera
85
Contract During the Life of Another is not within the Statute of Frauds
92
Memorandum Must be Made Before Action is Brought
99
A Contract Based on a Promise to Answer for the Debt of Another Must be
105
A Contract for Services in Promoting a Marriage is Void as Against Public
111
Discharge of Contracts
117
Where the Work to be Done is Not to Grati y Taste Serve Personal Conve
124
An Injunction will be Granted to Prevent the Breach of a Contract for Unique
130
A Law Impairing the Obligation of a Contract is Void
137
Form of the Contract of Sale
143
Where the Property Sold has been Inspected and Approved and is a part of
147
Passing of the Title in the Case of a Sale of Growing Crops
153
Delivery of Property and Passing of Title 16
162
Express Warranty 108
168
A Contract for Making a Set of False Teeth is for Goods Sold and Delivered
177
A Memorandum Must be Signed by the Party to be Charged
183
A Memorandum of Sale Must Show Who is the Buyer and Who is the Seller
190
Certainty as to Time of Payment
199
A Signature May be in Any Mark or Figure Providing It is Meant as an Indorse
207
Necessity of Endorsement
213
Presentment for Acceptance Must Be Proved
219
De Witt v Perkins
221
Liability of a Corporation on an Accommodation Note See under Corpora
222
Who May Be an Agent?
229
A Principal May Ratify an Agents Acts by Accepting the Benefits of Such
237
Brown 610
239
An Agent Must Exercise Good Faith
244
Authority of an Agent to Bind an Infant
251
Liability for Torts of Servant
258
PARTNERSHIP
264
The Original Test of a Partnership
274
Evidences of Intention
281
Who May Be Partners?
291
In the Absence of an Express Agreement a Partner is Not Entitled To Compen
298
Special ActAcceptance of Charter
367
Act Must be Performed in Behalf of Existing Person
376
Essentials of De Facto Corporation
382
Illegal Combinations
391
When the Stockholders Approve of a Contract Made by the Directors With
399
An Oral Promise to Answer for the Debt of Another can not be Enforced
409
Consideration Necessary to Bind a Contract of Surety May Consist of a Bene
417
Mere Delay on the Part of the Creditor in Enforcing the Obligation Against
429
AGuarantor of Payment is Immediately and Absolutely Liable to the Creditor
431
A Contract of Guaranty is a Collateral Undertaking and the Guarantor
437
A Cosurety Having Paid the Whole Debt Will Be Given Judgment Against
449
BAILMENTS
456
Where a Bailee Willfully and Intentionally Drives a Horse at Such An Immoder
464
A Bailee Has the Right to Recover Damages from One Who Injures the Property
473
Where a Slave is Pledged to Secure a Loan On Payment of the Loan and Inter
482
Essex Bank
483
Risk of Loss Where Seller Though Delivering Possession Retains Title for Pur
496
The Terms Inn and Guest defined
507
A Sleeping Car Company is not Liable as an Innkeeper
516
PAGE
520
Among Connecting Lines the Carrier in Whose Hands the Goods is Found
527
Common Carriers Can Not By Public Notice Limit Their Liability to Losses
537
REAL ESTATE
543
FIXTURES
549
Policy as to Such Property
556
Where a Woman is Engaged to a Man she Has an Insurable Interest in
563
A Substantial Compliance with the Terms of a Warranty is Sufficient
570
Gardner
573
Nuncupative Wills 573 Nuncupative Wills
577
A Will Procured by Undue Influence Will Not Be Admitted to Probate
583
All Wills Must Be in Writing Except Nuncupative Wills
587
Necessity Of Subscription
593
Subscribing Witnesses Must See the Testator Sign His Name
599
Will Tearing a Will Amount to a Revocation?
605
Incorporation of Documents in Will by Reference
613
The Liability of Administrators and Executors
623
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Sivu 139 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly or as incidental to its very existence.
Sivu 186 - That no contract for the sale of any goods, wares and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold and actually receive the same or give something in earnest to bind the bargain, or in part payment, or that some note or memorandum in writing of the said bargain be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
Sivu 352 - ... and value independent of the parties to them. They are not commodities to be shipped or forwarded from one state to another, and then put up for sale. They are like other personal contracts between parties which are completed by their signature and the transfer of the consideration. Such contracts are not interstate transactions, though the parties may be domiciled in different states.
Sivu 456 - a delivery of goods in trust upon a contract, expressed or implied, that the trust shall be duly executed, and the goods...
Sivu 82 - Stilted with greater elaboration, "a valuable consideration, in the sense of the law, may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.
Sivu 219 - ... instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon. The special verdict or finding must be filed with the clerk and entered upon the minutes. Where a special finding of facts is inconsistent with the general verdict, the former controls the latter, and the court must give judgment accordingly.— 1909-193.
Sivu 140 - It is chiefly for the purpose of clothing bodies of men in succession with these qualities and capacities that corporations were invented and are in use. By these means, a perpetual succession of individuals are capable of acting for the promotion of the particular object, like one immortal being.
Sivu 228 - And the relation of master and servant exists whenever the employer retains the right to direct the manner in which the business shall be done, as well as the result to be accomplished, or, in other words, "not only what shall be done but how it shall be done.
Sivu 602 - ... by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Sivu 92 - It is suggested that such a contract would be void, because, by its terms, it was not to be performed within a year from the making thereof.

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