American Law Reports Annotated, Svazek 26Lawyers Co-operative Publishing Company, 1923 |
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Strana 109
... damages , in addition to the rents and profits , in the sum of $ 1 , - 700 , and for all other and general relief . There was a general demurrer to the complaint , which was overruled . A " plea in abatement " was filed , in which it ...
... damages , in addition to the rents and profits , in the sum of $ 1 , - 700 , and for all other and general relief . There was a general demurrer to the complaint , which was overruled . A " plea in abatement " was filed , in which it ...
Strana 110
... damages for the breach , he cannot thereafter maintain a suit in equity to enforce specific per- formance . . It should be observed , however , that the mere fact that a party mistakes his remedy , and pursues the wrong one at first ...
... damages for the breach , he cannot thereafter maintain a suit in equity to enforce specific per- formance . . It should be observed , however , that the mere fact that a party mistakes his remedy , and pursues the wrong one at first ...
Strana 111
... damages and specific performance . land , by the fact that he had brought an. knowledge of the nature of their remedies and of the necessity for an election between them , for these are matters of law , and ignorance of the law will not ...
... damages and specific performance . land , by the fact that he had brought an. knowledge of the nature of their remedies and of the necessity for an election between them , for these are matters of law , and ignorance of the law will not ...
Strana 112
... damages for breach of a contract to convey real estate constituted an elec- tion of remedies and barred a suit for specific performance of the contract , and that the voluntary dismissal without prejudice of the action at law did not ...
... damages for breach of a contract to convey real estate constituted an elec- tion of remedies and barred a suit for specific performance of the contract , and that the voluntary dismissal without prejudice of the action at law did not ...
Strana 113
... damages for the breach , are both in affirmance of the contract . They are alternative rem- edies , but not inconsistent ; and rem- edy in both forms might be sought in one and the same action . If the plain- tiff institute separate ...
... damages for the breach , are both in affirmance of the contract . They are alternative rem- edies , but not inconsistent ; and rem- edy in both forms might be sought in one and the same action . If the plain- tiff institute separate ...
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18th Amendment action affirmed agreement alleged amount annotation appeared appellant appointment Asso authority bailee bailment bank bond charge claim Constitution contract court court of equity Crim damages debt debtor deed defendant deposit domicil employees enforce entitled equity erty evidence ex rel execution fact fendant foreclosure fraud fund gage held intention Iowa judgment jury land larceny lease lessee lessor liable lien mechanic's lien ment Minn mort mortgage mortgagor mutual mistake N. J. Eq N. Y. Supp negligence nonresident owner paid pari delicto parties payment person plaintiff plaintiff in error possession premises probate purchaser purpose question receiver reform rents and profits residence rule Stat statute stolen subrogation supra surety taxes testator theft thereof tion trust Volstead Act