The American Law Register, Volume 22D.B. Canfield & Company, 1883 - Law |
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Page 11
... EFFECT OF MISTAKE . - Most of the general principles of the law of sales , apply to auction sales ; and some of them have pecu- liar force and importance in such transactions . Thus from the nature of the case mistakes are more likely ...
... EFFECT OF MISTAKE . - Most of the general principles of the law of sales , apply to auction sales ; and some of them have pecu- liar force and importance in such transactions . Thus from the nature of the case mistakes are more likely ...
Page 12
... EFFECT OF ORAL DECLARATIONS . - After a sale by auction , the contract is sometimes reduced to writing , and the terms and condi- tions of sale , inserted therein , and duly signed by both parties . This is more usual in sales of real ...
... EFFECT OF ORAL DECLARATIONS . - After a sale by auction , the contract is sometimes reduced to writing , and the terms and condi- tions of sale , inserted therein , and duly signed by both parties . This is more usual in sales of real ...
Page 13
... EFFECT OF FRAUD . — The cardinal principle of all auction sales is that they shall be entirely free , open , unbiased and unprejudiced . Neither party can resort to any stratagem , artifice , or device to secretly increase or depress ...
... EFFECT OF FRAUD . — The cardinal principle of all auction sales is that they shall be entirely free , open , unbiased and unprejudiced . Neither party can resort to any stratagem , artifice , or device to secretly increase or depress ...
Page 14
... to be sold without reserve , or subject to a reserved price , or whether a right to bid is reserved ; and if it is stated that the land will be sold without reserve , or to that effect , it shall not be lawful for the 14 AUCTION SALES .
... to be sold without reserve , or subject to a reserved price , or whether a right to bid is reserved ; and if it is stated that the land will be sold without reserve , or to that effect , it shall not be lawful for the 14 AUCTION SALES .
Page 15
that effect , it shall not be lawful for the owner to employ any per- son to bid at such sale , or for the auctioneer to knowingly take any bidding from any such person . " But this statute applies only to land sales , and leaves the ...
that effect , it shall not be lawful for the owner to employ any per- son to bid at such sale , or for the auctioneer to knowingly take any bidding from any such person . " But this statute applies only to land sales , and leaves the ...
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Popular passages
Page 193 - They form a portion of that immense mass of legislation, which embraces everything within the territory of a state, not surrendered to the general government ; all which can be most advantageously exercised by the states themselves.
Page 268 - ... immunities under the laws; or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws...
Page 427 - THERE is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of . property ; or that sole and despotic dominion which one man claims and exercises over the external things of the world} in total exclusion of the right of any other individual in the universe.
Page 782 - State legislation, or State action, of the kind referred to. It does not authorize Congress to create a code of municipal law for the regulation of private rights; but to provide modes of redress against the operation of State laws, and the action of State officers, executive or judicial, when these are subversive of the fundamental rights specified In the amendment.
Page 790 - Congress with power to pass all laws necessary and proper for abolishing all badges and incidents of slavery in the United States...
Page 780 - That all persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude.
Page 274 - It was never the object of those laws to grant a monopoly for every trifling device, every shadow of a shade of an idea which would naturally and spontaneously occur to any skilled mechanic or operator in the ordinary progress of manufactures.
Page 782 - Positive rights and privileges are undoubtedly secured by the Fourteenth Amendment; but they are secured by way of prohibition against State laws and State proceedings affecting those rights and privileges, and by power given to Congress to legislate for the purpose of carrying such prohibition into effect: and such legislation must necessarily be predicated upon such supposed State laws or State proceedings, and be directed to the correction of their operation and effect.
Page 780 - SEC. 2. That any person who shall violate the foregoing section by denying to any citizen, except for reasons by law applicable to citizens of every race and color, and regardless of any previous condition of servitude...
Page 707 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.