Reports of Cases Determined in the Courts of Appeal of the State of California, Volume 59Bancroft-Whitney, 1923 |
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affirmed agent agreement alleged amount Anderson appellant's assessment attorney authority automobile Bank Bannon building cause heard cause of action charge Civil Procedure claim of lien Code of Civil commission Company complaint concurred constitute contention contract contributory negligence corporation County crime damages deceased defendant defendant's denied dollars Ethel Anderson evidence execution facts fendant filed finding foreclosure Hop Sing tong husband instruction issue Judge judgment judgment debtor jury land lease Litts Los Angeles County matter ment motion negligence opinion owner paid parties payment person petitioner plaintiff possession premises prosecution purchase question real property reason received record remittitur Respondent Sacramento sold statement Street sufficient Superior Court supreme court testified testimony therein thereof tiff tion trial court truck trust deed Tulare County vendee vendor verdict wife witness
Popular passages
Page 290 - But, on the other hand, if these special circumstances were wholly unknown to the party breaking the contract, he, at the most, could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract.
Page 577 - ... before whom the oath alleged to be false was taken, and that the court, or the person before whom it was taken, had authority to administer it, with proper allegations of the falsity of the matter on which the perjury is assigned; but the indictment...
Page 814 - Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify or excuse it, devolves upon him, unless the proof on the part of the prosecution tends to show that the crime committed only amounts to manslaughter, or that the defendant was justifiable or excusable.
Page 322 - Ostensible authority is such as a principal, intentionally or by want of ordinary care, causes or allows a third person to believe the agent to possess.
Page 248 - Within two years. 1. An action upon a contract, obligation or liability not founded upon an instrument of writing...
Page 370 - The judgment was for the money, and the presumption is, in the absence of anything in the record to the contrary, that before it was rendered the court had become judicially satisfied that the property could not be returned.
Page 404 - Where rights are infringed, where fundamental principles are overthrown, where the general system of the laws is departed from, the legislative intention must be expressed with irresistible clearness to induce a court of justice to suppose a design to effect such objects.
Page 498 - When the terms of an agreement have been reduced to writing by the parties, it is to be considered as containing all those terms, and therefore there can be between the parties and their representatives, or successors in interest, no evidence of the terms of the agreement other than the contents of the writing, except in the following cases: 1.
Page 511 - The plaintiff may unite several causes of action in the same complaint, where they all arise out of: 1. Contracts, express or implied; 2. Claims to recover specific real property, with or without damages for the withholding thereof, or for waste committed thereon, and the rents and profits of the same; 3.
Page 538 - ... and within one year after the issuing of letters testamentary or of administration. 354. In suits by aliens, time of war to be deducted. When a person is an alien subject, or citizen of a country at war with the United States, the time of the continuance of the war is not part of the period limited for the commencement of the action.