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action affirmed agreed alleged amount answer appeal application authority bank building cause charge claim conclusion condition consideration construction contract counsel damages deed defendant defendant's denied determine directed district court duty effect entered entitled error evidence executed fact filed finding follows further give given granted ground held injury instruction interest Iowa issue Judge judgment jury land matter ment Mich Michigan Minn mortgage motion necessary negligence notice objection opinion owner paid parties passed payment person petition plain plaintiff possession present proceedings proper purchase question reason received record recover reference refused respondent reversed road rule statute street sufficient suit Supreme Court sustained taken testimony thereof tion train trial court verdict witness
Página 245 - For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which, in the ordinary course of things, would be likely to result therefrom.
Página 369 - ... warrant a finding of a contract expressed in words." It was thought, however, that the evidence was sufficient to take the case to the jury "on the question of contract implied from the offer of defendant to furnish Carlson with support for life and its acceptance by his going on the land and working as he did.
Página 159 - An action is an ordinary proceeding in a court of justice, by which a party prosecutes another party for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence. § 3. Every other remedy is a special proceeding.
Página 245 - ... 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.
Página 103 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Página 410 - ... the court erred in refusing to direct a verdict for the defendant below.
Página 159 - An action upon a liability created by statute, other than a penalty or forfeiture. 2. An action for trespass upon real property. 3. An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property.
Página 22 - Provided, always, And these presents are upon this express condition, that if the said party of the first part, his heirs, executors, administrators or assigns...
Página 245 - 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...