A Treatise on the Rescission of Contracts and Cancellation of Written Instruments, Nide 2

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Vernon Law Book Company, 1916 - 1779 sivua

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Same Agency or Power Coupled with an Interest 342 Contracts of Suretyship and Guaranty
870
Partnerships
878
Contract or Engagement to Marry
881
Marriage as Executed Contract
891
Subscriptions for Corporate Stock Release or Withdrawal
896
Same Rescission for Fraud or False Representations
898
Same Rescission for Fraud or False Representations 348 Same Representations by Officers Agents and Promoters
903
Same False Statements in Prospectus
905
Same False Statements as to Other Subscriptions 351 Same Promissory Representations and Statements of Opin ion 352 Same Effect of Bankruptcy o...
912
Subscriptions to Charitable Philanthropic and Business En terprises
915
Contracts for Work or Hire of Services
920
Tenure of Office Public and Private
921
Resolutions and Contracts of Directors of Corporations 357 Contract or Notice of Rescission may be Rescinded
924
CHAPTER XVI
926
CHAPTER XVII
942
Section
946
CHAPTER XVIII
957
CHAPTER XIX
987
CHAPTER XX
1004
Purchase and Sale of Corporate Stock
1013
NonPayment of Price
1015
Same Sale for Delivery in Installments 413 Conditional Sales
1018
CHAPTER XXI
1021
Exchan of Properties
1080
CHAPTER XXII
1084
Jurisdiction of Equity
1086
Application of Rule of Caveat Emptor
1088
Fraud and False Representations
1091
Announcements or Representations by Persons Conducting Sale
1094
Chilling Bids or Stilling Competition 449 Unfair Combinations Among Bidders
1097
Employment of Puffers
1099
Mistake
1102
Irregularities Errors and Defects
1103
Inadequacy of Price
1106
Remedies Before and After Confirmation of Sale
1108
Laches and Estoppel
1109
CHAPTER XXIII
1111
CHAPTER XXIV
1127
CHAPTER XXV
1144
Notice for Cancellation
1160
Same To Whom Given
1163

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Sivu 1418 - Rescission, when not effected by consent, can be accomplished only by the use, on the part of the party rescinding, of reasonable diligence to comply with the following rules: 1. He must rescind promptly, upon discovering the facts \yhich entitle him to rescind...
Sivu 1134 - The principle seems to us to be, that in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance, arising from the perishing of the person or thing, shall excuse the performance.
Sivu 892 - Other contracts may be modified, restricted, or enlarged, or entirely released upon the consent of the parties. Not so with marriage. The relation once formed, the law steps in and holds the parties to various obligations and liabilities.
Sivu 1491 - A written instrument, in respect to which there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against whom it is void or voidable, may, upon his application, be so adjudged, and ordered to be delivered up or canceled.
Sivu 1491 - An instrument, the invalidity of which is apparent upon its face, or upon the face of another instrument which is necessary to the use of the former in evidence, is not to be deemed capable of causing injury, within the provisions of the last section.
Sivu 966 - If he cannot read it, it is as much his duty to procure some reliable person to read and explain it to him, before he signs it, as it would be to read it before he signed it if he were able to do so; and his failure to obtain a reading and explanation of it is such gross negligence as will estop him from avoiding it on the ground that he was ignorant of its contents.
Sivu 1304 - A party to a contract may rescind the same in the following cases only: 1. If the consent of the party rescinding, or of any party jointly contracting with him, was given by mistake, or obtained through duress, menace, fraud, or undue influence, exercised by or with the connivance of the party as to whom he rescinds, or of any other party to the contract jointly interested with such party; 2.
Sivu 914 - If a considerable period of time has elapsed since the subscription was made; if the subscriber has actively participated in the management of the affairs of the corporation; if there has been any want of diligence on the part of the stockholder, either in discovering the alleged fraud, or in taking steps to rescind when the fraud was discovered; and, above all, if any considerable amount of corporate indebtedness has been created since the subscription was made, which is outstanding and unpaid,...
Sivu 1418 - Restore to the other party everything of value which he has received from him under the contract or offer to restore the same upon condition that the other party do likewise, unless the latter is unable or positively refuses to do so.
Sivu 877 - In the case of a simple guarantee for a proposed loan, the right of revocation before the proposal has been acted on did not appear to be disputed. Then, are the rights of the parties affected either by the promise being expressed to be for twelve months, or by the fact that some discounts had been made before that now in question, and repaid? We think not. The promise to repay for twelve months creates no additional liability on the guarantor, but, on the contrary, fixes a limit in time beyond which...

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