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
869
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Resolutions and Contracts of Directors of Corporations 357 Contract or Notice of Rescission may be Rescinded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
Trusts in Bank Deposits
936
Revocation by Consent of All Parties 366 Resignation or Repudiation by Trustee
938
Termination of Trust by Failure of Beneficiaries
939
Antenuptial Agreements
940
CHAPTER XVII
942
Section
946
Promises and Representations as to Future Events 388 Mental and Physical Condition of Releasor 389 Personal Injury Cases 390 Same Reliance on O...
957
Settlements Between Trustees and Beneficiaries
981
Remedy Against Fraud at Law and in Equity
982
Restoration or Tender of Consideration Received
983
Ratification and Estoppel
985
CHAPTER XIX
987
Duty of Care and Prudence
992
Mistake
994
Duress and Undue Influence
995
Voidability as Against Bona Fide Holder for Value
997
Jurisdiction of Equity to Order Cancellation
1001
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
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 Stifling Competition
1095
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
Repayment of Unearned Premium on Cancellation 484 Delivery of Policy for Cancellation
1170
Acts Constituting Cancellation
1171
Validity of Cancellation
1174
Ratification of Invalid Cancellation
1176
Evidence of Cancellation
1177
Operation and Effect of Cancellation
1178
Remedies for Wrongful Cancellation
1179
Surrender of Policy by Insured
1182
Acts Constituting Surrender and Acceptance
1186
Validity of Surrender
1188
CHAPTER XXXI
1314
CHAPTER XXXII
1365
CHAPTER XXXIII
1374
CHAPTER XXXIV
1414
CANCELLATION OF WRITTEN
1421
Effect of Refusal to Accept Return of Property
1437
To Whom Restoration or Tender Should be Made
1439
Time to Make or Offer Restoration
1441
Mode Sufficiency and Extent of Restoration
1445
Payment or Tender of Value in Lieu of Specific Restoration
1451
Reconveyance of Land
1456
BLACK RESC
1457
Liability for Interest on Consideration Received
1458
Liability for Waste or Deterioration of Property
1459
Accounting for Rents or Rental Value
1461
Allowance for Cost of Keeping and Expense of Restoration
1464
Allowance for Improvements and Repairs
1465
Allowance for Taxes and Incumbrances Paid
1469
CHAPTER XXXV
1471
Assignee of PurchaseMoney Notes
1477
CHAPTER XXXVI
1479
Jurisdiction of Equity
1480
Same Discretion of Court
1482
Adequate Remedy at
1483
Same Action for Fraud or Deceit
1485
Same Defense to Action on Contract or Instrument 648 Same Pendency of Proceedings at
1488
Same Insolvency of Defendant
1489
Cancellation of Instruments
1491
Same Void Instruments
1492
Same Contracts of Insurance
1493
Applicability of Statute of Limitations
1494
Laches Barring Relief
1496
Form of Remedy
1497
Venue of Action
1499
CHAPTER XXXVII
1500
Subsequent and Intermediate Purchasers
1506
Trustees and Beneficiaries
1507
Heirs and Personal Representatives
1508
CHAPTER XXXVIII
1511
Allegation of Mistake 669 Alleging Defects of Title
1521
Setting Out or Describing Instrument
1522
Showing Promptness and Diligence
1523
Offer to Restore or to Do Equity
1524
Frame of Bill and Prayer for Relief
1527
Plea Answer or Counterclaim
1529
Trial and Decision by Court or Jury
1531
CHAPTER XXXIX
1534
CHAPTER XL
1553
Relief to Plaintiff on Refusing Rescission
1562
Conditional or Alternative Relief
1565
Granting Necessary Additional Relief
1567
Decreeing a Lien on Land
1568
CHAPTER XLI
1577
TABLE OF CASES CITED
1589
INDEX
1605
Page 1715
1715
Compensation to Licensee on Revocation 380 Tickets of Admission to Theaters and Other Places of Amusement 381 Licenses Under Patent and Cop...
1749
RELEASES COMPROMISES AND SETTLEMENTS
1763
Right of Rescission in General 383 Misreading or Misrepresenting Instrument
1764
Want of Care and Prudence on Part of Releasor 385 Same Inability of Releasor to Read or Understand 386 Representations as to Existence of Cause o...
1765
Contracts for Work or Hire of Services
1766
Tenure of Office Public and Private
1767
Resolutions and Contracts of Directors of Corporations 357 Contract or Notice of Rescission may be Rescinded 2 BLACK RESC iii
1777
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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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