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action adverse possession agent agreed agreement alleged amount answer appellant application argument assignment attorney authority Bank brief cause charge circuit court cited claim complaint condition consideration contract costs counsel creditors damages debt deed defendant delivered determined directed effect entered entitled error evidence execution facts favor filed firm follows further garnishee give given held highway Hoyt injury instruction interest issued judge judgment jury Justice land learned lease lien limited logs lumber March ment mortgage motion negligence notice objection obtained officer opinion oral paid parties payment performance person plaintiff possession premises proceedings proof proper provisions purchase question reason received record recover respondent rule Smith sold statute sufficient taken testimony thereof tion town trial verdict
Page 331 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 54 - Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued...
Page 78 - Congress shall have the power .... to promote the progress of science, and the useful arts, by securing for limited times to authors and inventors, the exclusive right to their respective writings and discoveries.
Page 438 - A cause of action, arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 189 - There must be reasonable evidence of negligence ; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use the proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 331 - ... special circumstances so known and communicated. 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. For, had the special circumstances been known, the parties might have specially provided for the breach...
Page 83 - Every person who purchases of the inventor or discoverer, or, with his knowledge and consent, constructs any newly invented or discovered machine, or other patentable article, prior to the application by the inventor or discoverer for a patent, or who sells or uses one so constructed, shall have the right to use, and vend to others to be used, the specific thing so made or purchased, without liability therefor.
Page 164 - ... every action prosecuted by the people of the State as a party against a person charged with a public offense for the punishment of the same. shall be termed a criminal action. Feigned issues are prohibited, and the fact at issue shall be tried by order of court before a jury.
Page 368 - Every contract for the leasing for a longer period than one year, .or for the sale of any lands or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof, expressing the consideration, be in writing, and be subscribed by the party by whom the lease or sale is to be made.