Reports of Cases Determined in the Courts of Appeal of the State of California, Том 18

Передня обкладинка
Bancroft-Whitney, 1912
 

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Сторінка 748 - An oral authorization is sufficient for any purpose, except that an authority to enter into a contract required by law to be in writing can only be given by an instrument in writing.
Сторінка 207 - No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits.
Сторінка 185 - But when.- the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue, or points controverted, upon the determination of which the finding or verdict was rendered.
Сторінка 646 - Every person who has actual notice of circumstances sufficient to put a prudent man upon inquiry as to a particular fact, has constructive notice of the fact itself in all cases in which, by prosecuting such inquiry, he might have learned such fact.— Code amend.— 1873:182.
Сторінка 646 - A mortgage of personal property is void as against creditors of the mortgagor and subsequent purchasers and encumbrancers of the property in good faith and for value, unless: 1.
Сторінка 5 - For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which, in the ordinary course of things, would be likely to result therefrom.
Сторінка 450 - In the case of an assignment of a thing in action, the action by the assignee is without prejudice to any set-off, or other defense existing at the time of, or before, notice of the assignment...
Сторінка 449 - Regulating the practice or jurisdiction of, or changing the rules of evidence in any judicial...
Сторінка 156 - A contract may be explained by reference to the circumstances under which it was made, and the matter to which it relates.
Сторінка 727 - When from any cause the summons in an action has not been personally served on the defendant, the court may allow, on such terms as may be just, such defendant or hia legal representative, at any time within one year after the rendition of any judgment in such action, to answer to the merits of the original action.

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