The Canadian Law Times, Volume 14Carswell, 1894 - Law From 1900 to 1908 includes the "Annual digest of Canadian cases ... decided in the Judicial Committee of the Privy Council, in the Supreme and Exchequer Courts of Canada, and in the courts of the provinces ... Edited by Edward B. Brown." |
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Common terms and phrases
action affidavit affirmed agreement alleged amended amount application appointed assignment authority Aylesworth bank bill by-law Canada Canada Temperance Act CHANCERY DIVISION charge chattel claim claimant contract conveyance council County Court Court of Appeal covenant creditors damages debt debtor decision deed defendant devisee discharge Division Divisional Court Dominion entitled equity equity of redemption estoppel evidence execution executors given granted ground Held indorsed injunction insolvent interest interpleader issue judgment jurisdiction jury Justice land liable Lord Manitoba matter ment mortgage mortgagor motion Municipal notice Ontario Osler owner paid parties payment person petition plaintiff principal Privy Council proceedings promissory note Province purchaser Queen's Bench Queen's Bench Division question railway recover referred refused registered respondent Rule sheriff solicitor specific performance statute Supreme Court surety taxes testator tion Toronto trial Judge trustees verdict Wallace Nesbitt writ writ of summons
Popular passages
Page 207 - There seems no doubt that where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become unexpectedly burdensome or even impossible.
Page 29 - Every share in any company shall be deemed and taken to have been issued and to be held subject to the payment of the whole amount thereof in cash...
Page 314 - But If a vendor or mortgagor agrees to sell or mortgage property, real or personal, of which he is not possessed at the time, and he receives the consideration for the contract, and afterwards becomes possessed of property answering the description In the contract, there is no doubt that a court of equity would compel him to perform the contract, and that the contract would, in equity, transfer the beneficial interest to the mortgagee or purchaser immediately on the property being acquired.
Page 314 - This, of course, assumes that the supposed contract Is one of that class of which a court of equity would decree the specific performance. If It be so, then immediately on the acquisition of the property described the vendor or mortgagor would hold It In trust for the purchaser or mortgagee, according to the terms of the contract...
Page 27 - Held, that inasmuch as the plaintiff was being carried, not as a passenger, but in the course of his contract of service, there was nothing to take the case out of the ordinary rule which exempts a master from responsibility for an injury to a servant through the negligence of a fellow-servant, when both are acting in pursuance of a common employment, Tunney v.
Page 297 - And further that the said (lessee) will at the expiration or other sooner determination of the said term peaceably surrender and yield up unto the said lessor the said premises hereby demised with the appurtenances together with all buildings erections and fixtures now or hereafter to be built or erected thereon in good and substantial repair and condition in all respects reasonable wear and tear and damage by fire only excepted.
Page 36 - Provided that where any issue is tried by a jury the costs shall follow the event, unless, upon application made at the trial, for good cause shown, the judge before whom such issue is tried shall otherwise order.
Page 9 - ... in such case the injunction does nothing more than give the sanction of the process of the court to that which already is the contract between the parties. It is not then a question of the balance of convenience or inconvenience, or of the amount of damage or of injury — it is the specific performance, by the court, of that negative bargain which the parties have made, with their eyes open, between themselves.
Page 8 - If there is a negative covenant,' said Lord Cairns, in Doherty v. Alman (L.), 'the court has no discretion to exercise. If parties for valuable consideration, with their eyes open, contract that a particular thing shall not be done, all that a court of equity has to do is to say, by way of injunction, that the thing shall not be done.
Page 413 - Security for the Payment of all Costs, Charges, and Expenses that may become payable by the Petitioner — (a.) to any Person summoned as a Witness on his Behalf, or, (b.) to the Member whose Election or Return is complained of (who is herein-after referred to as the Respondent), shall be given on behalf of the Petitioner: 5.