American Law Reports Annotated, Том 68Lawyers Co-operative Publishing Company, 1930 |
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Сторінка 451
... tort or in con- tract . Where such counterclaims are set up in actions on contract , the courts have frequently resorted to the expedient of considering them as based on contract , and not on tort . By so do- ing , the counterclaims are ...
... tort or in con- tract . Where such counterclaims are set up in actions on contract , the courts have frequently resorted to the expedient of considering them as based on contract , and not on tort . By so do- ing , the counterclaims are ...
Сторінка 455
... tort against a contract . " So , in George A. Fuller Co. v . Man- hattan Constr . Co. ( 1904 ) 44 Misc . 219 , 88 N. Y. Supp . 1049 , an action for rent , the defendant's counterclaim for an- noyance and for the plaintiff's act in ...
... tort against a contract . " So , in George A. Fuller Co. v . Man- hattan Constr . Co. ( 1904 ) 44 Misc . 219 , 88 N. Y. Supp . 1049 , an action for rent , the defendant's counterclaim for an- noyance and for the plaintiff's act in ...
Сторінка 456
... tort could not be set up as a counterclaim to an action based on contract . However , in the reported case ( Co- LUMBIA NAT . BANK V. RIZER , ante , 443 ) the court criticizes the proposition an- nounced in the preceding case , as be ...
... tort could not be set up as a counterclaim to an action based on contract . However , in the reported case ( Co- LUMBIA NAT . BANK V. RIZER , ante , 443 ) the court criticizes the proposition an- nounced in the preceding case , as be ...
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acres action actual admissible affirmed agreement alleged ambiguity amount annotation appeared applied arise authority Bank bridge brought called claim condition connected constitute construction contained contract conveyed counterclaim court held creditors damages death decisions deed defendant described determine effect entered entitled execution existing fact filed fire follows fraud given grantor ground highway holding husband injury intended interest Iowa judgment jury land later lease limitation Mass matter means ment mortgage N. Y. Supp notice opinion owner paid parol evidence parties person plaintiff possession provision purchase question reason received recital record recover referred result road rule statute stolen street supra tion tort tract trial valid vendor wife