Supreme Court Reporter, Volume 4West Publishing Company, 1884 - Law reports, digests, etc |
From inside the book
Results 6-10 of 84
Page 82
... actual profit over and above expenditures , or would have incurred actual loss had he continued the work to the end and been paid the full contract price therefor . " CONCLUSION OF LAW . " Upon the foregoing findings of facts the court ...
... actual profit over and above expenditures , or would have incurred actual loss had he continued the work to the end and been paid the full contract price therefor . " CONCLUSION OF LAW . " Upon the foregoing findings of facts the court ...
Page 83
... actual expenditures and losses . The The prima facie measure of damages for the breach of a contract is the amount of the loss which the injured party has sustained thereby . If the breach consists in preventing the performance of the ...
... actual expenditures and losses . The The prima facie measure of damages for the breach of a contract is the amount of the loss which the injured party has sustained thereby . If the breach consists in preventing the performance of the ...
Page 84
... actual outlay and anticipated profits . But failure to prove profits will not prevent the party from recovering his losses for actual outlay and expenditure . If he goes also for profits , then the rule applies as laid down in Speed's ...
... actual outlay and anticipated profits . But failure to prove profits will not prevent the party from recovering his losses for actual outlay and expenditure . If he goes also for profits , then the rule applies as laid down in Speed's ...
Page 85
... actual loss and outlay fairly incurred . The particular form of the petition in this case ought not to preclude the claimant from recovering what was fairly shown by the evidence to be the damage sustained by him . Though it is true ...
... actual loss and outlay fairly incurred . The particular form of the petition in this case ought not to preclude the claimant from recovering what was fairly shown by the evidence to be the damage sustained by him . Though it is true ...
Page 88
... actual and exclusive possession of part of the premises described in the pleadings , and repre- sented that he had bought the Waugh and Ellis mortgage ; that the mortgage had been declared by the supreme court to be a first lien on the ...
... actual and exclusive possession of part of the premises described in the pleadings , and repre- sented that he had bought the Waugh and Ellis mortgage ; that the mortgage had been declared by the supreme court to be a first lien on the ...
Other editions - View all
Common terms and phrases
action affirmed alizarine alleged amount answer appeal appellee applied assigned authority bank bill bonds brought Bullitt county cause cause of action certificate charge circuit court citizens claim commissioners common law complainant Conro constitution construction contract corporation court of equity creditors debt decision declared decree deed defendant in error demurrer duty entitled equity evidence execution executor fact filed fraud granted held interest issued January judgment Julia Morgan jurisdiction jury Justice Kansas Pacific Railway land legislature letters patent liability lien matter ment Morgan mortgage officers opinion Otoe county owner paid parties patent payment person petition plaintiff in error possession proceedings prosecution purchase purpose question railroad company received record reservoir sold statute suit supreme court thereof tion trial trust United vote writ of error
Popular passages
Page 153 - States, or because of his having so exercised the same ; or if two or more persons go in disguise on the highway, or on the premises of another...
Page 49 - The use of all water now appropriated, or that may hereafter be appropriated for sale, rental or distribution, is hereby declared to be a public use, and subject to the regulation and control of the State, in the manner to be prescribed by law...
Page 119 - A person has no property, no vested interest, in any rule of the common law. That is only one of .the forms of municipal law, and is no more sacred than any other. Rights of property which have been created by the common law cannot be taken away without due process; but the law itself, as a rule of conduct, may be changed at the will, or even at the whim, of the legislature, unless prevented by constitutional limitations. Indeed the great office of statutes is to remedy defects in the common law...
Page 257 - It is a maxim not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision.
Page 524 - ... and of any property, money or thing in action due to him, or held in trust for him, and to prevent the transfer of any such property, money or...
Page 444 - That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a state is a party, except between a state and its citizens; and except also between a state and citizens of other states, or aliens, in which latter case it shall have original but not exclusive jurisdiction.
Page 190 - Railways heretofore constructed, or that may hereafter be constructed in this state, are hereby declared public highways, and shall be free to all persons for the transportation of their persons and property thereon, under such regulations as may be prescribed by law.
Page 59 - All general laws and special acts passed pursuant to this section may be altered from time to time or repealed.
Page 216 - American army, shall be considered as a common fund for the use and benefit of such of the United States as have become, or shall become, members of the confederation...
Page 616 - ... shall not be subject to the disposal of her husband, nor be liable for his debts.