American Law Reports Annotated, Svazek 57Lawyers Co-operative Publishing Company, 1928 |
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Strana 33
... contract exacted . But , upon receipt of his expense accounts , the plaintiff reim- bursed him . These repayments quite evidently constitute the advances referred to in the contract . Per- sonal responsibility is not consistent with the ...
... contract exacted . But , upon receipt of his expense accounts , the plaintiff reim- bursed him . These repayments quite evidently constitute the advances referred to in the contract . Per- sonal responsibility is not consistent with the ...
Strana 35
... contract before the ex- piration of the period of employment , whether from necessity or not , a per- sonal judgment for the excess of ad- vances over earned commissions may be rendered against him , on the the- ory that , by abandoning ...
... contract before the ex- piration of the period of employment , whether from necessity or not , a per- sonal judgment for the excess of ad- vances over earned commissions may be rendered against him , on the the- ory that , by abandoning ...
Strana 37
... contract in terms contains a promise by the agent to repay the sums advanced , the transac- tion would amount to no more than a loan , and the right to judgment be un- doubted . Arbaugh v . Shockney ( Ind . ) supra . And in Rice v ...
... contract in terms contains a promise by the agent to repay the sums advanced , the transac- tion would amount to no more than a loan , and the right to judgment be un- doubted . Arbaugh v . Shockney ( Ind . ) supra . And in Rice v ...
Strana 38
... contract as imposing upon the em- ployee the obligation of returning ex- cess payments , in the event his com- missions failed to equal the advances so made . In support of its views the court observed : " The advances were to ' apply ...
... contract as imposing upon the em- ployee the obligation of returning ex- cess payments , in the event his com- missions failed to equal the advances so made . In support of its views the court observed : " The advances were to ' apply ...
Strana 120
... contract , even though the vendor was innocent of the representations , and had no knowledge of the making of them . In Yarnall v . Knickerbocker Co. ( 1922 ) 120 Wash . 205 , 206 Pac . 936 , where the contract was rescinded , the false ...
... contract , even though the vendor was innocent of the representations , and had no knowledge of the making of them . In Yarnall v . Knickerbocker Co. ( 1922 ) 120 Wash . 205 , 206 Pac . 936 , where the contract was rescinded , the false ...
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Oblíbené pasáže
Strana 416 - Every person is entitled to a certain remedy in the laws, for all injuries, or wrongs which he may receive in his person, property, or character; he ought to obtain justice freely, and without being obliged to purchase it, completely and without denial,
Strana 431 - Cas. 696, that public policy requires that competent persons "shall have the utmost liberty of contracting, and that their contracts, when entered into fairly and voluntarily, shall be held sacred, and shall be enforced by courts of justice." The station grounds belong to the railroad company and it lawfully may put them
Strana 103 - yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution.
Strana 289 - Every procedure which would offer a possible temptation to the average man as a judge to forget the burden of proof required to convict the defendant, or which might lead him not to hold the balance nice, clear and true between the state and the accused, denies the latter due process of law.
Strana 673 - (a) is for some lawful object within its corporate purposes, and compatible with the public interest, which is necessary or appropriate for or consistent with the proper performance by the carrier of service to the public as a
Strana 135 - has no real or substantial relation to those subjects, or is a palpable invasion of rights secured by the fundamental law. If 'it does not appear upon the face of the statute, or from any facts of which the court must take judicial cognizance, that it infringes rights secured by the fundamental law, the legislative determination is conclusive.
Strana 513 - Nay, more, in the city of Los Angeles itself its needy childhood goes unfed and unclothed, its dependent womanhood unprotected and uncared for by organized charities, except they have a 'permit.' Surely here, if anywhere, is "'The organized charity, scrimped and iced, In the name of a cautious, statistical Christ.'
Strana 13 - obstruction in the road by the fault of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff." There are obiter expressions in some of the cases apparently recognizing or assuming that contributory negligence would be a defense, even against a nuisance which would come within the category of absolute nuisances
Strana 193 - Nor shall any control of or interference with the rights of conscience be permitted." "Rights of conscience" means what? By conscience we mean that internal conviction or self-knowledge that tells us that a thing is right or wrong. It is
Strana 74 - The courts of justice of the state shall be open to every person, and speedy and certain remedy afforded for every wrong and for every injury to person, property, or reputation; and right and justice shall be administered without sale, denial, delay, or prejudice.