 The plaintiff urges that it was a question of fact for the jury, and not of law for the court, whether the contract was simply to secure reasonable prices, or to extort from the public unreasonable prices.  The Green Bag - Page 911904Full view - About this book
 | Law reports, digests, etc - 1852 - 1052 pages
...depends partly upon written documents and partly on extrinsic circumstances, what that contract is, is a question of fact for the jury, and not of law for the Judge — Moore \. Garwood (4). [COLERIDGE, J. — The Judge never says (1) M'Cle. & Y. 450. (2) 2... | |
 | Edmund Hatch Bennett, Chauncey Smith - Equity - 1852 - 680 pages
...depends partly upon written documents and partly on extrinsic circumstances, what that contract is, is a question of fact for the jury, and not of law for the judge — Moore v. Garwood, 4 Exch. Rep. 681 ; sc 19 Law J. Rep. (N. s.) Exch. 15. [COLERIDGE, J. The... | |
 | Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - Law reports, digests, etc - 1906 - 796 pages
...whether the plaintiff was justified in assuming that the car had stopped for her to alight was one of fact for the jury, and not of law for the court. This presents the sole question for determination. The ordinance requires that cars shall be stopped... | |
 | John William Smith, John Innes Clark Hare, Horace Binney Wallace, John William Wallace - Law reports, digests, etc - 1855 - 1006 pages
...warranty, depended upon the sense in which it was made by one party, and understood by the other, and was a question of fact for the jury, and not of law for the court. This latter branch of the rule, however, only applies when the contract is verbal, for when it is reduced... | |
 | Iowa. Supreme Court - Law reports, digests, etc - 1858 - 708 pages
...in regard to it, because the character of the alteration, whether suspicious or otherwise, is matter of fact for the jury, and not of law for the court." So in Goochv. Bryant, 13 Maine, 386, the question was, when the alteration was made. The court held»... | |
 | Chauncey Smith - Law - 1859 - 942 pages
...describee' the prosecutor as Darius C., the evidence was that his name was Trius C. Held, thai it waj a question of fact for the jury, and not of law for the court, whether the two words were idem lonantia. Regina v. Davis, iv. 584. V. Conviction ; Judgment. 1. Indictment for... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1862 - 670 pages
...for the plaintiffs. 1. Whether or not the plaintiff;, had waived the breach of the contract, was a question of fact for the jury, and not of law for the court. Savage Manufacturing Co. v. Armstrong, 5 Shepl. 34 ; Cox v. Bennet 1 Green, 165. 2. The rule of damages... | |
 | Massachusetts. Supreme Judicial Court - Boston (Mass.) - 1866 - 174 pages
...the defendants are entitled to a new trial. Kellogg v. Northampton, 4 Gray, 65 (1855). 357. It is a question of fact for the jury, and not of law for the court, whether a town has used ordinary care in the construction of its roads, and whether the latter are reasonably... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1866 - 1338 pages
...testimony, not taken at the trial, is not open OB a hearing for a new trial before the whole court. It is a question of fact for the jury, and not of law for the court, whether a town has used ordinary care in the construction of its roads, and whether the latter are reasonably... | |
 | Theophilus Parsons - Partnership - 1866 - 736 pages
...retiring partner who has ' done nothing: (w) Whether a person has actual knowledge of a dissolution, is a question of fact for the jury, and not of law for the court. (м>) But a partner who (s) Parkin v. Carruthers, 3 Esp. 248; Esp. 1 08 ; Wrightsonv. Pulían, 1 Stark.... | |
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