Reports of Cases Determined in the District Courts of Appeal of the State of California, Volume 48Bancroft-Whitney Company, 1922 - Law reports, digests, etc |
From inside the book
Results 1-5 of 75
Page 2
... intention , in each case the agreement being what the parties intended to make it , their intention to be gathered from the terms of the contract and such attendant circumstances as may legitimately be considered as evidencing the ...
... intention , in each case the agreement being what the parties intended to make it , their intention to be gathered from the terms of the contract and such attendant circumstances as may legitimately be considered as evidencing the ...
Page 10
... intention of performance . As we view the case , the inducements that prompted the board of directors to adopt the rescinding resolution of June 27 , 1911 , are not material , because , for reasons stated infra , we think that , fraud ...
... intention of performance . As we view the case , the inducements that prompted the board of directors to adopt the rescinding resolution of June 27 , 1911 , are not material , because , for reasons stated infra , we think that , fraud ...
Page 16
... intention . In each case the agreement is what the parties intended to make it . Their intention is to be gathered from the terms of the contract and such attendant circumstances as may legitimately be considered as evidencing the intention ...
... intention . In each case the agreement is what the parties intended to make it . Their intention is to be gathered from the terms of the contract and such attendant circumstances as may legitimately be considered as evidencing the intention ...
Page 17
... intention , the presumption of law is that the contract is an actual sale , and that the transfer of title takes place at once in advance of actual delivery , if the thing is agreed on , and is ready for immediate delivery . " ( 24 Am ...
... intention , the presumption of law is that the contract is an actual sale , and that the transfer of title takes place at once in advance of actual delivery , if the thing is agreed on , and is ready for immediate delivery . " ( 24 Am ...
Page 19
... intention . that the contract , from the time it was consummated by the California company's acceptance of Blochman's offer , should be an executed contract of exchange , under which title passed from one party to the other . The ...
... intention . that the contract , from the time it was consummated by the California company's acceptance of Blochman's offer , should be an executed contract of exchange , under which title passed from one party to the other . The ...
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Common terms and phrases
action affirmed agreed agreement alleged amount appellant application assignment attorney authority California cause charged circumstances Civil claim Code complaint conclusion concurred consideration Continued contract conveyed corporation County damages deed defendant defendant's delivered denied determined district dollars easement effect entered entitled error evidence executed facts favor filed findings follows further give given granted ground held hundred intention interest issue Judge judgment jury land matter ment mortgage motion necessary negligence notice offer opinion owner paid parties payment performance person petition plaintiff possession premises present prior proceeding provisions purchase question reason received record referred relation Respondent reversed rule shares specific statement Street sufficient Superior Court supreme court testified testimony thereof tion transfer trial court wife witness
Popular passages
Page 904 - That a person is the owner of property from exercising acts of ownership over it, or from common reputation of his ownership; 13.
Page 223 - An agreement authorizing or employing an agent or broker to purchase or sell real estate for compensation or a commission; 6.
Page 227 - The following contracts are invalid, unless the same, or some note or memorandum thereof, is in writing and subscribed by the party to be charged or by his agent: 1.
Page 538 - All patents granted, or preemption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by the preceding section.
Page 102 - Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, has constructive notice of the fact itself in all cases in which, by prosecuting such inquiry, he might have learned such fact.
Page 97 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 902 - A waiver is an intentional relinquishment of a known right or such conduct as warrants an inference of the relinquishment of such right and may result from an express agreement or be inferred from circumstances indicating an intent to waive.
Page 193 - The liens provided for in this chapter are preferred to any lien, mortgage, or other encumbrance which may have attached subsequent to the time when the building, improvement, or structure was commenced, work done, or materials were commenced to be furnished...
Page 386 - In ejectment, the plaintiff recovers upon the strength of his own title, and not upon the weakness of that of his adversary.
Page 656 - In order to justify the inference of legal guilt, the existence of the inculpatory facts must be absolutely incompatible with the innocence of the accused, and incapable of explanation upon any other reasonable hypothesis than that of his guilt.