The Western Law Reporter Canada and Index-digest, Volume 5L. S. Le Vernois, Esten Kenneth Williams, Edward Betley Brown Carswell, 1907 |
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Common terms and phrases
affidavit agent agreed agreement Alberta alleged allowed amendment amount appeal application arbitrators ASSINIBOIA bank Barrister-at-Law BRITISH COLUMBIA by-law Calgary Canada Canadian cent chattels clause contended contract corporation costs council counterclaim County Court creditors D'Aoust damages debtor deceased declaration default defendant defendant's dismissed document entitled evidence execution fact fendant fraud Furry garnishee given ground Half-calf held horse injury interest judgment jury land legislature Leopold liable lien lumber MACDONALD machinery Manitoba matter ment Mesher Moosomin mortgage municipality negligence NORTH-WEST North-West Territories Act notice Ontario opinion Ordinance owner paid Parliament of Canada parties payable payment person plaintiff pleadings promissory note province provisions purchase question Railway reason referred refused Rule says Schilemans shew shewn sold solicitor statement of claim statute Statute of Frauds sub-sec threshing tiff tion trial Judge ultra vires warranty Winnipeg
Popular passages
Page 247 - ... in the case of a contract for the sale of a specified article under its patent or other trade name, there is no implied condition as to its fitness for any particular purpose.
Page 372 - I think the proper course is in the first instance to examine the language of the statute and to ask what is its natural meaning, uninfluenced by any considerations derived from the previous state of the law, and not to start with inquiring how the law previously stood, and then, assuming that it was probably intended to leave it unaltered, to see if the words of the enactment will bear an interpretation in conformity with this view.
Page 247 - Subject to the provisions of this act and of any statute in that behalf, there is no implied warranty or condition as to the quality or fitness...
Page 106 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose...
Page 320 - But there is another proposition equally well established, and it is a qualification upon the first, namely: that though the plaintiff may have been guilty of negligence, and although that negligence may, in fact, have contributed to the accident, yet if the defendant could in the result, by the exercise of ordinary care and diligence, have avoided the mischief which happened, the plaintiff's negligence will not excuse him.
Page 110 - Where an arbitrator or umpire has misconducted himself, the court may remove him. (2.) Where an arbitrator or umpire has misconducted himself, or an arbitration or award has been improperly procured, the court may set the award aside.
Page 383 - Every holder of a bill is prima facie deemed to be a holder in due course; but if in an action on a bill it is admitted or proved that the acceptance, issue, or subsequent negotiation of the bill is affected with fraud, duress, or force and fear, or illegality, the burden of proof is shifted, unless and until the holder proves that, subsequent to the alleged fraud or illegality, value has in good faith been given for the bill.
Page 288 - Subject to the provisions hereinafter mentioned, and to the prescribed rules, any court may commit to prison for a term not exceeding six weeks, or until payment of the sum due, any person who makes default in payment of any debt or instalment of any debt due from him in pursuance of any order or judgment of that or any other competent court.
Page 390 - On or before one year after date, for value received, we promise to pay to the order of the...
Page 302 - Brunswick respectively, as if the union had not been made ; subject nevertheless (except with respect to such as are enacted by or exist under acts of the parliament of Great Britain or of the parliament of the united kingdom of Great Britain and Ireland), to be repealed, abolished, or altered by the parliament of Canada, or by the legislature of the respective province, according to the authority of the parliament or of that legislature under this act.