A Digest of the Decisions of the Supreme Court of Arkansas from 1837 to 1917: Reported in the Arkansas Reports, Volumes 1-126, and in the Southwestern Reporter, Volumes 1-194, 2권

Thomas Dwight Crawford

F.H. Thomas Law Book Company, 1917 - 5611페이지

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What law governs	1035

Implied contract 4 Certainty as to subjectmatter	1036

Mutuality of obligation 1 In general 2 Building manufactures and services	1037

3 Sales in general B PARTIES PROPOSALS AND ACCEPTANCE 6 Capacity to contract in general 7 Necessity of assent	1038

Offer and acceptance in general 9 Revocation or withdrawal of of fer 10 Acceptance of offer and communi cation thereof 11 Acceptance varying fr...	1039

Agreement to make contract in future 13 Contract by correspondence 14 Evidence of agreement 15 Questions for jury C FORMAL REQUISITES ...	1040

Agreements to be reduced to writ ing 18 Execution 19 Signature 20 Incomplete instruments 21 Several instruments D CONSIDERATION 22 Nec...	1041

Contracts under seal 24 Nature and elements 1 In general 2 Benefit to promisor	1042

105a Conditions subsequent 106 Waiver F COMPENSATION 106a Right to compensation in gen eral 107 Rate or amount in general 108 Contract...	1079

Alterations and extra work expendi 109a Reimbursement of 110 Deductions and offsets 111 Mode of making compensation III MODIFICATION ...	1080

Contracts subject to modifica tion 113 Consideration for modification 114 Contracts under seal 115 Modification as to parties 115a Alteration or a...	1081

Merger in subsequent contract 118 Operation and effect 119 Evidence IV RESCISSION AND ABANDONMENT 120 Agreement to rescind 1 In g...	1082

2 Assent of parties 3 Formal requisites 4 Consideration 121 Abandonment of rights 122 Grounds for rescission by party 123 Estoppel or waiver 1...	1083

Time for rescission and laches 126 Acts constituting rescission 127 Operation and effect V TERMINATON RENEWAL 127a Renewal of contract i...	1084

Tender of performance	1085

Sufficiency of performance 133 Tests of performance in general	1086

Adequacy 26 Sufficiency in general	1043

Mutual promises 28 Services 29 Property and rights therein in general 30 Money investments and secur ities 31 Rights under contracts	1044

Preexisting liability 33 Compromise 34 Forbearance 1 In general 2 Existence or validity of right or remedy	1045

Performance of legal obligation 36 Moral obligation 37 Executed consideration 38 Unenforceable consideration	1046

Failure of consideration 40 Effect of want or failure of con	1047

7 Representations of opinion or	1049

Duress 46 Evidence F LEGALITY OF OBJECT AND OF CONSIDER ATION 47 What law governs 48 Intent of parties 49 Contravention of law in...	1050

Violation of statute	1051

1 In general 2 Effect of imposition of penalty 51 Public policy in general	1052

sideration	1053

Prevention of competition in hids or proposals 56 Affecting election or appointment to office 57 Affecting emoluments of office 58 Ousting jurisdi...	1054

59 Compounding offenses 60 Obstructing or perverting admin istration of justice	1055

Prevention of competition at ju dicial sale 62 Prevention of competition for public work franchise or prop erty 62a Influencing action of administra...	1056

63a Ratification 64 Effect of illegality 1 In general 2 Partial illegality	1057

3 Relief of parties	1058

4 Effect on previous or collateral contracts 5 Further or subsequent agree ment 65 Evidence 66 Questions for the jury II CONSTRUCTION AND O...	1060

What law governs	1061

Intention of parties	1062

69a Preliminary negotiations agreements and 70 Language of instrument 1 In general 2 Construction to give validity and effect to contract	1063

3 Reasonableness of construc tion 4 Construction against party us ing words	1064

5 Mistakes in writing grammar or spelling 6 Particular words and phrases	1065

Conflicting clauses in general 72 Construing instruments together 73 Matters annexed or referred to as part of contract 74 Existing law as part of co...	1067

Extrinsic circumstances 77 Construction by parties 78 Entire or severable contracts	1068

Dependent or independent stipu lations	1069

Evidence to aid construction 81 Questions for jury 1 In general	1070

2 Ambiguity in general	1071

3 Extrinsic facts 4 Contracts by correspondence B PARTIES 82 Particular capacity 83 Joint and several contracts	1072

2 Agreement for benefit of third person 85 Duties and liabilities of third per sons C SUBJECTMATTER 86 Scope and extent of obligation 87 Servi...	1073

88a Property and rights therein in general 89 Loans and advances 90 Improvements on real property in general 91 Buildings and other works	1074

Agriculture 93 Trade and business 94 Printing and publishing 95 Warranties 96 Legal remedies and proceedings D PLACE AND TIME 97 Place ...	1075

Time of performance	1076

Time of payment of compensa tion 102 Duration of contract in general 103 Continuing contracts E CONDITIONS 104 Nature and scope in general	1077

Conditions precedent in general tures	1078

4 Fraud 135 Substantial performance 1 In general 2 Buildings and other works	1087

Deviations and alterations 137 Delay in performance 1 In general 2 Excuses 138 Defects in performance 8139 Excuses for nonperformance or defe...	1088

Acceptance of performance in general	1089

Waiver of defects and objections 142 Discharge by impossibility of performance 143 Discharge by death of party	1090

Acts or omissions constituting breach in general 145 Renunciation 146 Breach by failure of perform ance	1091

Waiver of breach	1092

147a Effect of breach in general 148 Discharge of contract by breach 149 Rights and liabilities on partial performance 150 Rights and liabilities on...	1093

Rights and liabilities on breach	1094

Evidence 153 Questions for the jury VII ACTIONS FOR BREACH 154 Nature and form of remedy	1095

What law governs 156 Conditions precedent 157 Defenses 158 Time to sue and limitations	1096

Parties 160 Pleading 1 Allegation or statement of con tract or promise 2 Performance by plaintiff	1097

3 Notice and demand 4 Breach 5 Plea or answer in general 6 Performance by defendant	1098

7 Issues proof and variance	1099

Evidence	1100

1 Presumptions and burden of proof	1313

Evidence as to consideration or failure thereof	1358

2 Admissibility	1402

3 Weight and sufficiency	1405

Trial	1488

1 Questions for jury	1589

1 Presumptions and burden of proof	1597

2 Admissibility	1599

2 Instructions	1847

REQUISITES AND VALIDITY	1857

A Nature and Essentials in General	1915

3 Weight and sufficiency E VALIDITY OF ASSENT 42 Physical or mental condition of party	1915

Mistake 44 Fraud and misrepresentation 1 In general 2 Materiality of representation 3 Intent to deceive	1924

4 Representations as to contents of writing	1946

5 Reliance on representations 6 Representations as to future events	1976

Nature and grounds of contractual	2092

obligation	2101

contract Oliver v M L R R Co 30	2109

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A Digest of the Decisions of the Supreme Court of Arkansas from 1837 to ..., 2권
Thomas Dwight Crawford
전체보기 - 1917

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accused action admissible affidavit alleged amount appeal authority Bank bill of exceptions bond breach cause change of venue charge Chicot County circuit court claim committed confession Constitution contract conviction costs counsel county court county seat covenant creditors crime criminal damages debt deceased deed defendant defendant's dence Desha County discretion entitled equity fact failure fees felony fendant filed foreign corporation ground guilty Hempstead County improper indictment injury issue judge judgment jurisdiction jurors jury killing Kirby's Digest land liable liquidated damages Little Rock Louis Lumber ment motion murder offense officers paid party payment person plaintiff plea poration prejudicial probate court proof prosecuting attorney prove providing Pulaski County purchase railroad railway reasonable doubt record recover reversible error Sebastian County statute stockholders sufficient suit Supreme Court term testify testimony tion trial court verdict void warrant witness writ

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제목	A Digest of the Decisions of the Supreme Court of Arkansas from 1837 to 1917: Reported in the Arkansas Reports, Volumes 1-126, and in the Southwestern Reporter, Volumes 1-194, 2권 A Digest of the Decisions of the Supreme Court of Arkansas from 1837 to 1917: Reported in the Arkansas Reports, Volumes 1-126, and in the Southwestern Reporter, Volumes 1-194, Arkansas. Supreme Court
저자	Thomas Dwight Crawford
도움을 주신 분들	Arkansas. Supreme Court
발행인	F.H. Thomas Law Book Company, 1917
소장	하버드 대학교
디지털화된 날짜:	2008년 3월 4일
길이	5611페이지

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A Digest of the Decisions of the Supreme Court of Arkansas from 1837 to 1917: Reported in the Arkansas Reports, Volumes 1-126, and in the Southwestern Reporter, Volumes 1-194, 2권

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