Business Law for Business Men: A Reference Book Showing the Laws of California for Daily Use in Business Affairs

Anthony Jennings Bledsoe

Business Law Publishing Company, 1909 - Počet stran: 675

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Section	33

Contracts in Restraint of Trade	39

PARTNERSHIP	40

PAGE	44

AGREEMENTS FOR SALE	48

Agreement to Sell Real Property	49

Bill of Sale	55

Section 31gPoisonous Confectionery	60

Quarter Section Corners	347

Meander Corners	348

Section 454Restoring Lost Corners	349

Section 454a Perpetuating Corners	350

Section 455Proportionate Measurements	351

Manual of United States Surveying	354

Application to Purchase School Land	355

Section 461b Explanation of Table	359

STOPPAGE IN TRANSIT	66

Warranty of Provisions for Domestic	72

Frauds upon the Buyer	75

52	76

Section	83

CONTENTS	94

Liability of Hotel Boardinghouse and Lodging	97

70	98

xiv	100

Termination of Lease	106

Section 86b Tenant Must Deliver Notice Served on Him	112

PAGE	114

Builders Contract 253	115

Section 87h Quitclaim Deed	118

Section 87n Deed Cannot Be Cancelled	124

Section 87г Purchasers Remedy if Vendor Fails to Fulfill Contract	127

Fire Insurance Policy Standard Form 207	128

EMPLOYER AND EMPLOYEE Section 88 Contract of Employment	129

Obligations of the Employer	130

Section 89a Liability for Injury	131

Obligations of the Employee	132

Termination of Employment	133

Section 91a Sanitary Condition of Workshops	134

Liability of Hotel Boardinghouse and Lodging	135

When Servant May Be Discharged	136

Kinds of Agency	137

What Included in Authority to Sell Real Estate	138

Agent Cannot Have Authority to Defraud Prin cipal	139

Agents Actual Authority	140

Ratification of Agents Acts	141

How Agency Is Created	142

Obligations of Agents to Third Persons	144

Termination of Agency	145

WHOLESALERS AGENTS Section IIITraveling Agents	146

Section 116Declarations of Wholesalers Agent	147

Section 120Wholesalers Repudiation of Agency	148

MANUFACTURERS AGENTS PAGE	150

Agents Authority to Borrow Money	151

Section 123Agent Selling Goods Out of Manufacture	152

Section 124Selling Goods for One Year Made in Another	153

Insurance of Consigned Property	154

Cannot Extend Credit	155

Special Property in Consignments	156

May Sell in His Own Name	157

Care to be Taken of Goods Consigned	158

REAL ESTATE AGENTS Section 147 Employment Must Be in Writing	159

Verbal Contract Invalid	160

Description of Land	161

When Contract Fulfilled and Commission Earned	162

Ratification of Unauthorized Employment by Cor poration	164

Failure of Sale by Defective Title	166

Ratifying Authority of Brokers	167

Sale by Owner	168

Misrepresentation by Owner	169

Liability of Agent Under Contract to Sell for Specified Amount	170

What Agent Must Prove in Suit to Recover Com missions	171

Repudiation of Contract by Vendor	172

Husband Giving Agent Property of Wife to Sell	173

Owner and Purchaser Need Not Be Brought Face to Face	174

When Owner Must Return Money Paid on Con tract	177

Authority to Sell on Credit	178

Liability of Auctioneer for Deposit at Auction Sale	179

Commissions Out of Purchase Money	180

Purchase by Agent from Principal	181

Agent Buying in His Own Name	182

Death of Principal Revokes Authority of Agent	183

Section 195b Personal Property Brokers	184

Designation of Parties	185

Measure of Interest in Property	186

Insurance Without Interest Illegal	187

Duty of Parties in Making the Contract	188

The Policy of Insurance	189

Open and Valued Policies	190

Certain Warranties	191

Notice of Loss	192

Double Insurance	193

Certificate of Notary	194

Statements as to Valuations	195

Insurance by Commission Merchant Incorrect Statement as to Ownership	196

Waiver of Proof of Loss by Arbitration	197

Remedy for Unauthorized Term of Credit	198

Liability of Insurance Company for Fires Caused Section 229 Condition as to Change Occurring in Building	199

Time When Policy Takes Effect	202

Warranties	203

Provision as to Bringing Suit	205

Insurance on Harvester While in Use	206

Section 238a Standard Form of Fire Insurance Policy	207

Property not Covered	208

Matters Avoiding Policy	209

Chattel Mortgage	210

Duty of Insured in Case of Loss	211

Ascertainment of Amount of Loss	212

Options of Company in Case of Loss	213

Time for Commencement of Action	214

Appointment and Authority of Agents	215

Unauthorized Contract of Local Agent	221

Section 255j Meaning of Good Health	227

Section 255aa Death by Drowning	233

Section 255uu Duty of Parties	239

Section 255zz Measure of Indemnity	246

fArrival of Cargo Damaged	247

Section 255aaa General Average	248

Section 255bbb Perishable Goods	249

MARINE INSURANCE AGENTS Section 255ddd Principles of Agency	250

Recorders Fee	251

Contractors Bond	252

Form of Builders Contract	253

Section 264Reference to Plans and Specifications in Contract	258

Twentyfive Per Cent Reserved	259

Contract of Minor	260

Acceptance by Agent	261

Contract Providing for Arbitration	262

Suit for Reasonable Value of Work and Materials	263

Substantial Performance	264

Section 281Owner Not Liable for Damages on Unrecorded Contract	265

Section 283Material Departure from Specifications	266

Section 284a Unsafe Scaffolding Ladders etc	267

Section 284b Temporary Flooring for Protection of Workmen	268

The Persons Entitled to Liens	269

Alteration of Contract Does Not Affect Lien	270

What Interest in the Land Subject to the Lien	271

Effect of Failure to File Owners Notice	272

Time within Which Miner May File Lien	273

Liens upon Two or More Pieces of Property	274

Notice by Owner That He Will Not Be Respon sible	275

Contractor Must Defend Suits on Liens at His Own Expense	276

Lien May Be Waived and Personal Action Brought	277

Conspiracy Between Owner and Contractor	278

Allowance of Interest	279

When Lien for Materials Begins	280

Lien for Moving a House	281

Abandonment and New Contract	282

Miners Lien Must Be upon the Whole Claim	283

No Lien against a Public Building	284

Right of Materialman to Give Notice	285

DwellinghouseLand Subject to Lien	286

What Is Meant by Owner Section 333Real or Reputed Owner	287

Section 335Duty of Owner upon Receiving Notice of Ma terialmans Claim Section 336 Priority of Materialmans Claim over Mortgage	288

Section 337Mining GroundPatented Land Section 338 Appointment of Painter as Keeper Section 339 Materials Must Be Expressly Furnished for Str...	289

Section 340b Lien for Power Supplied Section 340c Lien for Work Done by Order of Health Officer	290

ARCHITECTS Section 341 Compensation of Architect	291

Architect Cannot File Lien against Public Building	292

Architect Has No Lien against Monument in Pub lic Park	293

Architects Certificate as to Liens	294

Services of Architect	295

Contract for Percentage on Cost of Building	296

Section 354Time Spent on Plans and Specifications	297

Wages and Salaries in Case of Attachment and Execution	298

When Transfer of Contract Waives Vendors Lien	299

LIENS ON PERSONAL PROPERTY PAGE Section 362 Lien for Services	300

Section 363a Defrauding Livery Stable Keepers	301

Lien of Laundry Proprietors	302

Section 366a Sale of Property	303

Claim of Lien to be Filed for Record	304

Undertaking on Attachment	305

Section 377Suit Must Be Commenced within Ten Days	306

Claim to be Filed	307

DAMAGES FOR BREACH OF CONTRACT Section 387 Measure of Damages	308

Damages in Case of Exchange of Lands	309

Personal Property	310

Damages for Breach of Other Contracts	311

Formation of Partnership	312

Partnership Property	313

Partners Share in Profits and Losses	314

Application of Partnership Property to Payment of Debts	315

Mutual Obligations of Partners	316

Section 407Liability of Partners to Account	317

Compensation for Services to Firm	318

Power of Majority of Partners	319

Promissory Notes Continued	320

What Partner Cannot Do	321

General Liability of Partner	322

Special Partnerships	323

Section 419Special Partnership Liability of the Partners	324

Interest and Profits of Special Partner	325

Profits and Losses in Mining Partnership	326

New Member of Mining Partnership	327

Contract in Writing	328

Total Dissolution of Partnership	329

Section 433Notice of Dissolution of Partnership	335

Section 434Winding up the Partnership Affairs	336

Section 435a Form of Partnership Agreement	337

SURVEYS OF LAND Section 436 Public and Private Land Surveys	339

Section 438Government Survey Accepted and Approved Is Fixed and Unchangeable	340

Field Notes and Maps	341

Townships	342

Sections	343

Section 447Standard Corners	344

Township Corners	345

Section Corners	346

SEARCHERS OF RECORD Section 596 Abstracts of Title	360

Liability of Searchers of Record	361

Liability for Mistake	362

Omitting Judgment and Sale	363

Mortgages	364

Bond of Notary	365

Liability of Sureties on Official Bond	366

False Certificate to Acknowledgment	367

Notary Cannot Amend Certificate	368

Party Introduced to Notary	370

Section 619Fees of Notary	371

Directions to Carriers	372

Bill of Lading	373

Number of Bills of Lading	374

aCarriers Lien	375

Obligation to Accept Freight	376

Section 633General Liability of Common Carriers for Loss	377

Section 633a Losses Not Waived by Contract	378

Accepting Freight for Place Beyond Usual Route	379

LETTERS OF CREDIT Section 637 What Is a Letter of Credit	380

Liability of the Writer	381

Section 644Intention of Parties 382 X	382

Bill in Parts of a Set	383

Acceptance Must Be in Writing	384

When Acceptance May Be Canceled	385

Presentment for Payment	386

Foreign Bills	387

Damages Allowed on Dishonor of Bill of Ex change	388

Section 658a Nature of Bank Checks	389

Section 658p Liability of Bank for Payment of Check after Death	395

Assignment Not Revocable	401

Assignment for Collection	406

Assignment May Be Verbal or Written	407

What Debtor May Set Off against Assigned Ac count	408

Agents Commissions upon Collections	409

Section 694In What Township Suit Must Be Brought	410

Attachment of Debtors Property in Suit to Collect Account	411

Accepting Promissory Note	412

PART III	413

Note Made by Minor	414

Note Made to Minor	415

Note Made to Married Woman	416

Note Made to Corporation	419

Must Be for a Certain Specified Amount	420

Time of Payment	421

Place of Payment	422

How Must Be Signed by Maker	423

Note Payable on or before a Certain Date	424

Section 729Note Payable to Order of Maker	425

Joint Note	426

Section 734Form of Joint Note	427

Liability of Makers of Joint and Several Note	428

Legal Rate of Interest	429

Section 742a Apparent Maturity of Note	430

Section 744Indorsement of Negotiable Note	431

Section 745Kinds of Indorsements	432

Assignment of Note Not Negotiable	433

Indorsement without Recourse	434

When Note Must Be Presented for Payment	435

Section 754To Whom Note Must Be Presented for Payment	436

Section 757What Is Reasonable Diligence	437

When a Note Is Dishonored	438

When Notice of Dishonor Must Be Given	439

When Notice of Dishonor Is Excused	440

In What Court Suit to Collect Note Must Be Brought	441

How Mortgage Is Executed and Acknowledged	442

Section 774a Proof of Execution of Mortgage	443

Mortgage Not Recorded Good between Parties	444

Partnership Agreement 337	445

Form of Declaration of Homestead by Wife	448

Value of Homestead	449

Rules Which Apply to Chattel Mortgages	451

Form of Chattel Mortgage	452

Deed as Security and Agreement to Deed Back	454

Lawful Interest	455

Insurance on Mortgaged Buildings	456

When Mortgage Is Outlawed	457

Who May Buy at Foreclosure Sale	458

Time for Redemption	459

The Sheriffs Deed	460

Possession of Property during Foreclosure Proceed ings	461

Who Must Pay for Improvements Made during Foreclosure Proceedings	462

Excuse for Not Presenting Claim in Time	463

Section 819Collection of Lost or Destroyed Note	464

PART IV	466

Section 824What Property Is Exempt from Attachment or Execution	467

Mortgaged Property May Be Attached	471

Garnishment	472

Money Due as Salary to Public Officer	473

Section 833Dissolution of Attachment	474

JUDGMENTS AND EXECUTIONS Section 835 Judgments	475

Judgment Lien on Property in Another County	476

Section 841Exemption Must Be Claimed by Debtor	477

PART V	478

Who May Make a Will	479

Section 847Kinds of Wills	480

Form of Olographic Will	482

Section 853How a Will Is Revoked	483

Section 855Share of Child Born after the Will	484

When Legacies Are Due	485

Section 861a Administration of Estates	486

PART VI	487

Articles of Incorporation	488

Form of Articles of Incorporation Section 878 Filing of Articles of Incorporation	490

Certificate of Secretary of State	491

Limit of Corporate Existence	492

Amendment of Articles of Incorporation	493

Change of Place of Business	494

Section 887a Use of Word Trust	494

Section 887c Duplicate of Lost Certificate	497

Amount of Subscribed Capital to be Paid in	498

Section 891b Bonded Indebtedness	499

Transfer of Shares of Stock	500

Transfer of Stock Held by Married Woman	501

Certificates of Stock Are Not Negotiable	502

Mortgage of Shares of Stock	503

What Real Estate May Be Held by Corporation	504

Void Contract Cannot Be Ratified	505

Notice to Corporation	506

Mortgage of Corporation Property	507

Liability of Promoters	508

Who May Question the Validity of a Corporation	509

Motives of Stockholder in Making Examination of Books	510

Remedy of Stockholder When Inspection of Books Is Refused	511

Section 921Liability of Member Where There Is No Capital Stock	512

When Liability of Stockholder Begins	513

Stockholder May Sue Other Stockholders	514

Within What Time Suit against Stockholder May Be Commenced	515

Liability of Stockholders in Distillery for Federal Taxes	516

Failure to Elect Officers	517

Certificate of Increase or Decrease of Capital Stock	518

Section 937Paper in Which Notices Must Be Published	519

Order Levying Assessment	520

Section 941Notice of Assessment	521

How Assessment May Be Enforced	522

Form of Notice of Sale	523

Extension of Time for Payment and Sale	524

Purchase of Delinquent Stock by the Corporation	525

Lien for Assessment	526

Section 953How ByLaws Adopted	527

Section 955Book of ByLaws	528

The Board of Directors	529

Section 963Election of Directors	530

Who May Vote at Election of Directors	531

Who May Vote Stock in Hands of Trustee	532

Who May Vote Stock Belonging to Insane Person	533

Organization of Board of Directors	534

Regular and Special Meetings	536

Services of Director Outside of His Duties as Such	538

Section 984Authority of President	539

Section 986a Agreement to Divide Capital Stock Among Stock holders Void	540

Removal of Directors from Office	541

Examination of Corporations	542

Disposition to be Made of Property upon Dissolu	543

kDepartments	554

Mines and Mining	583

Size of Placer Claim	589

Time within Which Location Must Be Made after Discovery	591

aTransfer of Rights by Members of Association	592

When First Work Must Be Done	593

Proof of Assessment Work	594

Relocation of Claim after Forfeiture	595

Section 1028 Location by Minors	596

Location of Tunnel Claim	597

Lode and Placer Claims in the Same Ground	598

Timber for Mining Purposes	599

How to Obtain a Patent to a Mining Claim	600

Mining Lease	601

Form of Mining Lease	602

Oil and Gas Leases	604

bLessee Must Begin Operations within a Reason able Time	605

fFailure to Find Oil	606

Mining Deeds	610

Working Mine on Shares	611

When Boundary Marks Are Sufficient	612

Time within Which Relocation Can Be Made	613

Failure to Comply with Local Customs in Working Mining Claims	614

Intersecting Veins	615

ExtraLateral Right or Right to Pursue the Vein or Lode on Its Dip Beyond the Side Lines of the Claim	616

Damages for Trespass on Mining Claim	617

School Lands	618

Authority of Mine Superintendents to Purchase	619

When Work Must Be Commenced	625

Subterranean Waters The Case of Katz vs Walk	631

Water Companies	645

PART IX	651

Notice of Sale of Stock for Delinquent Assessment 523	653

Separate Bonds	657

Section 1151Payment of Debts	669

i	674

Běžně se vyskytující výrazy a sousloví

agent agree agreement amount assignment auction authority bank bill of exchange bill of lading buyer California Reports capital stock carrier certificate Civil Code Civil Procedure Code of Civil common carrier consent consignee contract contractor corporation County Court of California court of equity creditor damages debt debtor decision is printed deed deliver delivery deposit depositor Diam Directors dollars employee entitled executed filed holder indorsement insured intended interest keeper land law of California lease Legislature lessee lessor liable lien loss maker manufacture mechanic's lien ment mortgage negotiable receipt Notary Public notice owner paid partner partnership party payable payment personal property possession premises principal printed in Volume promissory note purchaser real property reasonable received recorded Seal sell seller sold Statutes stockholders suit Supreme Court thereof tion Township transfer valid vendor warehouseman warranty

Bibliografické údaje

Název	Business Law for Business Men: A Reference Book Showing the Laws of California for Daily Use in Business Affairs
Autor	Anthony Jennings Bledsoe
Vydání	8
Vydavatel	Business Law Publishing Company, 1909
Délka	Počet stran: 675

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