A Treatise on the Admissibility of Parol Evidence in Respect to Written InstrumentsL.K. Strouse, 1893 - Počet stran: 494 |
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Další vydání - Zobrazit všechny
A Treatise on the Admissibility of Parol Evidence in Respect to Written ... Irving Browne Náhled není k dispozici. - 2015 |
A Treatise on the Admissibility of Parol Evidence in Respect to Written ... Irving Browne Náhled není k dispozici. - 2015 |
A Treatise on the Admissibility of Parol Evidence in Respect to Written ... Irving Browne Náhled není k dispozici. - 2018 |
Běžně se vyskytující výrazy a sousloví
action admissible to show agent agreed ambiguity appear apply authority Bank bill of lading bond circumstances cited collateral competent to show condition Conn consideration contemporaneous contradict court court of equity covenant custom deed defendant delivered delivery doctrine effect equity escrow estopped estoppel evidence is admissible evidence is competent evidence was admitted excluded executed expressed extrinsic evidence fact fraud grant grantor inadmissible indorser intended Iowa Jackson judgment jurisdiction land lease liability Mass meaning ment mistake mistake of law mortgage mutual mistake negotiable obligation obligee Ohio St oral agreement paid parol agreement parol evidence parties patent ambiguity payee payment plaintiff principle promise proof prove purchase purpose question receipt rule says shown by parol signed Smith statute of frauds stipulations surety testator tion tract usage vary warranty Wend words writing written agreement written contract written instrument
Oblíbené pasáže
Strana 334 - Every bill of lading in the hands of a consignee or endorsee for valuable consideration, representing goods to have been shipped on board a vessel, shall be conclusive evidence of such shipment as against the master or other person signing the same, notwithstanding that such goods or some part thereof may not have been so shipped...
Strana 215 - ... as by the known usage of trade, or the like, acquired a peculiar sense distinct from the popular sense of the same words ; or unless the context evidently points out that they must in the particular instance, and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.
Strana 2 - The existence of any separate oral agreement as to any -matter on which a document is silent, and which is not inconsistent with its terms, if from the circumstances of the case...
Strana 351 - It is a familiar principle of law that, where one of two innocent parties must suffer by the fraud of another, the loss should fall upon him who enabled such third person to commit the fraud...
Strana 164 - ... public policy and necessity, which makes it to the interest of the State that there should be an end to litigation — interest republicae ut sit finis litium.; the other the hardship on the individual that he should be vexed twice for the same cause — nemo debet vexari pro eadem causa.
Strana 4 - When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement other than the contents of the writing, except in the following cases: 1. Where a mistake or imperfection of the writing is put in issue by the pleadings; 2.
Strana 339 - It is a settled doctrine of the law of agency in this state that where the principal has clothed his agent with power to do an act upon the existence of some extrinsic fact necessarily and peculiarly within the knowledge of the agent, and of the existence of which the act of executing the power is itself a representation, a third person dealing with such agent in entire good faith, pursuant to the apparent power, may rely upon the representation, and the principal is estopped from denying its truth...
Strana 470 - PD 154, the question underwent full discussion, in 1876, whether written and oral declarations made by a testator, both before and after the execution of his will, are, in the event of its loss, admissible as secondary evidence of its contents ; and it was decided in the affirmative.
Strana 115 - Ambiguitas patens is never holpen by averment, and the reason is, because the law will not couple and mingle matter of specialty, which is of the higher account, with matter of averment, which is of inferior account in law; for that were to make all deeds hollow, and subject to averments, and so in effect, that to pass without deed, which the law appointeth shall not pass but by deed.
Strana 212 - The proper office of a custom or usage in trade is to ascertain and explain the meaning and intention of the parties to a contract, whether written or in parol, which could not be done without the aid of this extrinsic evidence. It does not go beyond this, and is used as a mode of interpretation on the theory that the parties knew of its existence and contracted with reference to it.