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Page 1
... owner and M. had drawn a draft for part of the money at three months , dated 28th July , which had been accepted by R. & E. Held , that M. was entitled to his lien notwithstanding the sale to P. That the omission of P. as owner did not ...
... owner and M. had drawn a draft for part of the money at three months , dated 28th July , which had been accepted by R. & E. Held , that M. was entitled to his lien notwithstanding the sale to P. That the omission of P. as owner did not ...
Page 2
... owner , and that he never employed the plain- tiff to do any work or furnish any materials . It was arranged that the argument should take place in Toronto subsequently , and the following points were taken : That Poussette was not ...
... owner , and that he never employed the plain- tiff to do any work or furnish any materials . It was arranged that the argument should take place in Toronto subsequently , and the following points were taken : That Poussette was not ...
Page 3
... owners . As to the effect of registration see Mechanics ' Lien Act , s . 4 sub - s . 2 and 3 , Holmested , p . 15 note . The right to the lien is in derogation of the common law , and the Act must be strictly construed : Phillips on ...
... owners . As to the effect of registration see Mechanics ' Lien Act , s . 4 sub - s . 2 and 3 , Holmested , p . 15 note . The right to the lien is in derogation of the common law , and the Act must be strictly construed : Phillips on ...
Page 4
... owners as to the plaintiff's lien , and does not say " owner " at any particular time : Holmested , p . 5 , note " owner : " Jones v . Shawhan , 4 Watts and Sergeant , 257 ; Sullivan v . Johns , 5 Wharton's R. 256 ; Stockwell v ...
... owners as to the plaintiff's lien , and does not say " owner " at any particular time : Holmested , p . 5 , note " owner : " Jones v . Shawhan , 4 Watts and Sergeant , 257 ; Sullivan v . Johns , 5 Wharton's R. 256 ; Stockwell v ...
Page 5
... owner- ship may not be indispensable ; the more so as the statute expressly requires no more than the name of the reputed owner , and it might be sufficient to file it against the past or the present one . It is certain , however , that ...
... owner- ship may not be indispensable ; the more so as the statute expressly requires no more than the name of the reputed owner , and it might be sufficient to file it against the past or the present one . It is certain , however , that ...
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Common terms and phrases
acres action affidavit agreement alleged amount appears apply arbitrators assets assignment award Bank Bank of Montreal Beatty Brantford broker by-law CHANCERY DIVISION chattels clause contract Corporation costs council Court Court of Equity creditors damages debt deed default defendant defendant's Delahey entitled equity evidence execution executors fact Farley fee simple fraud given Grand Trunk Railway Gravenhurst Held insolvent intention interest interpleader issue judgment jury land learned Judge liable lien mandamus matter ment mortgage Municipal notice Ontario opinion owner paid parties partner partnership patent payment person plaintiff possession Proudfoot purchase question R. S. O. ch railway referred reissue road Robinson & Co sell separate creditors shareholders shares sheriff shew shewn sold solicitors statement of claim statute testator thereof tion Toronto township trustee ultra vires writ
Popular passages
Page 140 - Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof...
Page 648 - Generally in all matters not herein-before particularly mentioned, in which there is any conflict or variance between the Rules of Equity and the Rules of the Common Law with reference to the same matter, the rules of Equity shall prevail.
Page 135 - ... printed under the special directions of the parties, and with a special view to their intention, and the remainder is copied from a form originally prepared without special reference to the particular parties and the particular contract in question, the written parts control the printed parts, and the parts which are purely original control those which are copied from a form. And if the two are absolutely repugnant, the latter must be so far disregarded.
Page 283 - The directors of the company shall have full power in all things to administer the affairs of the company, and may make or cause to be made for the company any description of contract which the company may by law enter into...
Page 43 - But it must be remembered that the claim of a specific device or combination, and an omission to claim other devices or combinations apparent on the face of the patent, are, in law, a dedication to the public of that which is not claimed.
Page 134 - ... if there should be any reasonable doubt upon the sense and meaning of the whole, to have a greater effect attributed to them than to the printed words, inasmuch as the written words are the immediate language and terms selected by the parties themselves for the expression of their meaning, and the printed words are a general formula adapted equally to their case and that of all...
Page 93 - But an act which though in truth done in pursuance of a contract, admits of explanation without supposing a contract, is not in general admitted to constitute an act of part performance taking the case out of the Statute of Frauds ; as for example, the payment of a sum of money alleged to be purchase-money.
Page 3 - ... all persons claiming under him, whose rights are acquired after the work in respect of which the lien is claimed, is commenced, or the materials or machinery furnished have been commenced to be furnished.
Page 306 - Harbottle, should always be adhered to; that is to say, that nothing connected with internal disputes between shareholders is to be made the subject of a bill by some one shareholder on behalf of himself and others, unless there be something illegal, oppressive or fraudulent; unless there is something ultra vires on the part of the company qua company, or on the part of the majority of the company, so that they are not fit persons to determine it, but that every litigation must be in the name of...
Page 214 - That all conditions were fulfilled, and all things happened and all times elapsed necessary to entitle the plaintiff to have the said agreement performed by the defendant on his part, yet the defendant did not pay the plaintiff the remainder of the said purchase-money as aforesaid on his part.