A Selection of Cases on Agency

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Harvard University Press, 1896 - Agency (Law) - 1061 pages
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Lecture notes by Ralph W. Gifford interleaved within a text by Eugene Wambaugh.
 

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Page 45 - Interest in or concerning them ; (5) or upon any Agreement that is not to be performed within the Space of one Year from the Making thereof; (6) unless the Agreement upon which such Action shall be brought, or some Memorandum, or Note thereof shall be in Writing...
Page 44 - ... shall have the force and effect of leases or estates at will only, and shall not either in law or equity be deemed or taken to have any other or greater force or effect; any consideration for making any such parol leases or estates, or any former law or usage, to the contrary notwithstanding.
Page 340 - ... no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto...
Page 4 - ... no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Page 338 - I cannot subscribe to the doctrine, that a broker's engagements are necessarily and in all cases limited to his actual authority, the reality of which is afterwards to be tried by the fact. It is clear that he may bind his principal within the limits of the authority with which he has been apparently clothed by the principal in respect of the subjectmatter ; and there would be no safety in mercantile transactions if he could not.
Page 433 - Many statutes which are in the nature of police regulations, as this is, impose criminal penalties irrespective of any intent to violate them ; the purpose being to require a degree of diligence for the protection of the public which shall render violation impossible," Many cases are cited in that case where convictions were sustained although the element of guilty knowledge was lacking.
Page 781 - The master, in the case supposed, is not exempt from liability, because the servant has better means of providing for his safety, when he is employed in immediate connection with those from whose negligence he might suffer; but because the implied contract of the master does not extend to indemnify the servant against the negligence of any one but himself...
Page 159 - ... leave to the defendant to move to enter a nonsuit, if the court should be of opinion that there was no evidence...
Page 840 - The general rule, resulting from considerations as well of justice as of policy, is, that he who engages in the employment of another for the performance of specified duties and services, for compensation, takes upon himself the natural and ordinary risks and perils incident to the performance of such services, and in legal presumption, the compensation is adjusted accordingly.
Page 278 - Hilary term, 1823, a verdict was found for the plaintiffs, subject to the opinion of the court upon the following case...

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