Download or read book Washington Reports Vol 50 written by Arthur Remington and published by Forgotten Books. This book was released on 2017-11-07 with total page 848 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Washington Reports, Vol. 50: Cases Determined in the Supreme Court of Washington; July 7, 1908-November 7, 1908 Admitted to Practice in the Supreme Court of Washington from March 18, 1908, to January 1, 1909. For previous lists, see Volume 45, page v. Etc. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Download or read book Washington Reports written by Washington . Supreme Court and published by Rarebooksclub.com. This book was released on 2013-09 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ...and Keenan & H ardinger, for appellant. Holcomb, Kirkpatrick Q Doty, for respondents. PER CURIAM.--Tl1lS was an action to enforce specific performance of the following contract: "$100.00 Seattle, June 6, 1906. "Received of C. T. Hardinger, of Seattle, one hundred dollars as earnest money on the purchase of block 5, Cumberland Addition to the city of Seattle, Washington, according to the official plat on file in the auditor's ofiice in said county of King. Price of said land is $3,800. Terms of sale are $1,250 cash, to include earnest money. Balance of $52,550 payable as follows: $1,150 to be paid on delivery of deed and abstract, balance in two equal annual payments of $1,275 each, with 6 per cent interest. Grantor to release mortgage as to any designated part of said block in tracts of 50 feet by 100 feet upon payment of $150 therefor. Interest 6 per cent per annum upon deferred payments. If terms of lReported in 97 Pac. 445. Opinion Per Curiam. 50 Wash. sale are not complied with, the $100 earnest money is forfeit, and buyer hereby releases all claims thereto. Sale subject to owner's approval. Earnest money refunded if abstract is not satisfactory to purchaser. (Signed) A. B. Newell, by F. H. Gilbert." At the time this contract was entered into, the subagent, Gilbert, by whom the contract was signed and entered into, was an utter stranger to the owners of the property, and the most that can be claimed in favor of the plaintiff is that Newell, whose name is appended to the contract, was employed by the defendants to find a purchaser. Under repeated rulings of this court, such employment would not authorize the execution of a binding contract of sale. Carstem 11. McReavy, 1 Vash. 859, 25 Pac. 471;...

Download or read book Washington Reports written by Washington . Supreme Court and published by Rarebooksclub.com. This book was released on 2013-09 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...premises and without right so to do, entered upon the premises and took and re 'Reported in 165 Pac. 95. May 1917 Opinion Per PARKsn, J. tained possession thereof. Trial in the superior court for Grant county without a jury resulted in findings and judgment in favor of the plaintiff, from which the defendant has appealed to this court. Respondent was in possession of the premises under a lease containing the following: "The first party owner, her assignees, grantees, or heirs have the right to go upon said premises at any time and per form such work thereon as she or they may deem advisable which does not prevent the second party from carrying out this lease." The provisions of the lease seem to plainly give respondent the right to the possession of all the land and buildings thereon, subject only to this reserved right in the owner. Appellant claims to have gone upon the land as an employee of the grantee of the owner for the purpose of doing work thereon for him. Appellant took with him upon the land stock, farm implements and household goods, and proceeded to occupy a vacant house and outbuildings upon the land, which house and outbuildings were not then being used by respondent, but which he had the right to use under the lease. Appellant also proceeded to plow up some of the pasture land which respondent had the right to use under the lease. The principal co-ntention made in appellant's behalf is that appellant's acts were not such a material dispossession of respondent, or not such an interference with his right of enjoyment of the premises as support the maintenance of this action, in view of the terms of the lease. As to what extent of interference by a landlord with his tenant's enjoyment of...

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book Report written by Michigan State Library and published by . This book was released on 1894 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Report written by Michigan State University. Library and published by . This book was released on 1894 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Report written by and published by . This book was released on 1894 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The American State Reports written by Abraham Clark Freeman and published by . This book was released on 1894 with total page 1072 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Biennial Report of the Washington State Library Commission written by Washington State Library Commission (1941- ). and published by . This book was released on 1887 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Washington Reports written by Washington . Supreme Court and published by Rarebooksclub.com. This book was released on 2013-09 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...to Apr. 1921 Opinion Per HoI.coma, J. them. It is not and cannot be doubted that the legislature had such power." It is to be noted that, under the Donohue Road Act prior to 1917, there was a provision for the alternative method of procuring funds on behalf of the county alone and constructing highways by calling an election for the voting of bonds and paying for the improvement out of the general fund, which was amended by the act of 1917, providing only for the payment of the cost of the improvement on the assessment for benefits plan, issuing bonds payable from the road improvement fund. It seems plain that, when this substitution was made, together with the other comprehensive changes in 1917, the intention of the legislature was plainly manifested, and that it was the legislative plan to compel the owners of property within the four-mile zone of the highway, and the road district, or township, and the property of the county, in the several proportional parts specified by statute, to bear the cost. The property benefited must pay one-fourth; the property in the road district or township must pay one-fourth, and the property in the county must pay one-half of the estimated cost. Section 5, Laws of 1917, p. 242. Section 17, Laws of 1917, p. 251, as amended by ch. 95, p. 230, Laws of 1919, both being amendments to 35 of the original Donohue Road Act, provides that, when the improvement is made under the provisions of this act, the board.0f county commissioners shall, by resolution, direct the county treasurer to open an account to be known as the ..". Road Improvement Fund." The section further provides that the commissioners shall divide the total estimated cost and apportion the same according to the findings of...

Download or read book Annual Report written by New York State Library and published by . This book was released on 1881 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Washington Reports written by Washington . Supreme Court and published by Rarebooksclub.com. This book was released on 2013-09 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ... the holdings of all these cases, ... but unfortunately for the petitioner, none of them fit the facts of the case in hand. In all of them a license tax was sought to be imposed by a state, county, or municipality, upon the right to do business either by a bank, a railroad company, or telegraph company that had been chartered, and had been granted its franchise and right to do business by the Congress of the United States, and in all of them it was held, in effect, that such a license tax was invalid because it was an unwarranted invasion of rights properly granted by the Federal government, and amounted virtually to an attempt to annul such Federal grant." The judgment and sentence were aflirmed. But appellant further contends that to impose the license tax upon him would, in eflect, be to impose it upon the Federal government in the transaction of its constitutional functions. This argument, however, proves entirely too much. The appellant admits, and July 1921 Opinion Per Bmnons, J. under like circumstances all the courts have held, that the state has the right to levy a property tax' on motor trucks owned by him and used in the transportation of the mail. In making his contract with the government he, doubtless, took into consideration this tax, and it would be in effect passed on to the government in identically the same way that he contends the license tax must be passed on to the government. We have in this state a statute which requires every person driving or operating a motor vehicle to obtain a driver's license before he will be permitted to operate such vehicle. If the state cannot compel appellant to pay the motor license tax, for the same reason it cannot compel him to license his drivers or himself as a driver....

Download or read book Washington Reports written by Washington . Supreme Court and published by Rarebooksclub.com. This book was released on 2013-09 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1920 edition. Excerpt: ...which the defendant has invaded; while, on the other hand, it has held that they are not so recoverable where the gist of the action is the recovery of damages and there is a failure to prove substantial damages. This court is not alone in so holding, although it is not the uniform rule, and the text cited was but marking this distinction; it was not intended to be said that nominal damages could be recovered only in actions where substantial damages could not be proven. But, conceding the instruction to be contrary to our holdings, it is not error of which the appellants can complain. Since the gist of the present action is to recover damages, to instruct that nominal damages were recoverable if they found there had been a breach of contract and substantial damages had not been proven is an error for which the respondents could have complained, but it is not error against the other side. It was error in their favor, not error against them. The appellants alleged in their complaint that the respondents, through their agents, at the time the Oct. 1919 Opinion Per Fvnnmmx, J. lease was entered into, represented that there was plenty of water to irrigate the land, and that, when applied to the land, it would produce maximum crops of both fruit and produce, and further represented that the pear trees were capable of producing, and would produce, from one to two tons of pears per tree, and it was these representations that induced them to enter into the contract of lease. It was not alleged that these representations were false or fraudulent, and recovery was asked because of a breach of the contract to install the pump. At the trial, by cross-examination of the appellants' witnesses, the respondents sought to show that there was some...

Download or read book Washington Reports written by Washington . Supreme Court and published by Rarebooksclub.com. This book was released on 2013-09 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...a lien on the wheat unless some arrangement was made whereby they had got their money. Witness talked it over with Olson and finally they got together and decided that the wheat be sold and the money paid to Davison and Paxton as assignees. LaHue brought Davison and Olson in. Witness was holding the wheat receipts then and one-third of it was supposed to belong to Olson. The receipts were indorsed. Regarding the sale, Messrs. LaHue, Davison and Paxton came in and decided to sell the wheat and witness handed the receipts to LaHue with the understanding that LaHue should sell the wheat at a stipulated price. He was to bring the money back to the bank and witness was to pay the money pro rata as far as it would go to Paxton-Stine Co. and Davison.... "LaHue went to sell the wheat because the wheat was in his name. It is customary for a man to sell his own wheat. Witness remembers having talked with Mr. Jones about the sack bill and believes that Mr. Jones came to the witness and said he had a sack bill against the wheat and wanted witness to sign order. Witness told him he could do nothing for him as he had no right to sign the order. Witness said that the labor had not been paid for yet and that it would come first. Witness was sure he talked about the labor claim. When asked whether witness told Mr. Jones anything about holding the wheat as trustee for anyone, witness answers: 'No, sir; Opinion Per Cnmwrcx, J. 86 Wash. there was no mention of that. I said the labor had not been paid for, and had to be paid for first'." LaHue also admits on cross-examination: "When asked whether it was not the understanding that Mr. Kellough should pay the harvest expenses out of this money he said that it was implied in a way...

Download or read book Bibliotheca Americana Catalogue of a Valuable Collection of Books and Pamphlets Relating to America With a Descriptive List of the Ohio Valley Historical Series For Sale by Robert Clarke Co written by Clarke, Robert and Co and published by . This book was released on 1878 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Washington Reports written by Washington . Supreme Court and published by Rarebooksclub.com. This book was released on 2013-09 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ...them take them out? A. Certainly; yes, sir." The witness also testified that the value of the goods paid for that were not to be returned was a good $300. Mar. 1916 Opinion Per Mounr, J. We are satisfied that, under this evidence, the trial court erred in instructing the jury to return a verdict for $300. The bill of sale from Mr. Pate to Mr. Osborne was, upon its face, an absolute transfer of all the property to Mr. Osborne. It was either what it purported to be, or it was a security merely for the amount that was owing Mr. Osborne. If it was what it purported upon its face to be, a sale of the whole stock of goods to Mr. Osborne, then the insurance company was liable for the value of the goods lost. It is argued by the respondent that the evidence which we have heretofore quoted shows that the only interest which Mr. Osborne had in the goods was $300, which he paid therefor, and that he acquired no title to the goods in the stock which were to be returned to the creditors. It is also argued that the policy of insurance is an indemnity to the individual; and that, inasmuch as the interest of Mr. Osborne in the goods was $300, the insurance company was liable only for that amount. It is no doubt correct, as argued by the respondent, that the contract of insurance is a contract of indemnity; and if the evidence in this case shows that Mr. Osborne, when he purchased the stock, obtained only a $300 interest therein, the respondent's position would be correct. But we think the evidence quoted fairly shows that the whole interest of Mr. Pate in the store and stock of goods was transferred by the bill of sale to Mr. Osborne. Mr. Osborne thereupon took possession of the stock of goods and the store, and immediately became liable to...

Download or read book The Law Librarian written by and published by . This book was released on 1887 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: