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Notes of a Course of Lectures on Greenleaf on Evidence: (English)

Notes of a Course of Lectures on Greenleaf on Evidence: (English)

          
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About the Book

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. 1891 edition. Excerpt: ...the word only," in line nine from beginning of section to this sentence, these words, except in those States where the statute expressly requires that authority to sign a note or memorandum for another shall be conferred by writing. Our statute in Virginia does not require this, and hence, here, parol authority to make the contract would be sufficient. Yerby vs. Grigsby, 9 Leigh 387. In order to render the sale by the auctioneer mentioned valid, the memorandum and entries must have been made contemporaneously with the sale, must contain the names of the vendor and veudee, a description of the property sold and terms of sale. In other words it must be so full and complete that no resort to extrinsic evidence is necessary to show what the contract was, and, if aid is required from the posters or advertisements, reference must be made to them in the memorandum. Wood on Fraud, sec. 371 and cases cited in notes to that section. SEC. 27o.--At the end of this section it would be better to add these words, unless the share of the corporator result to him in the shape of land; and this same principle also applies to unincorporated companies. The whole question, in such cases is, does the shareholder have an interest in the land itself or in the profits arising from its sale. In the one case, the.shareholder's interest is real estate, in the other personalty. Wood on Frauds, sec. 210. Whart. on Ev., sec. 864 and cases cited. SEC. 271.--There is considerable conflict on this point as to when timber or other produce of land is to be regarded as real and when as personal estate. Two principles are stated which. it is said, will determine this question. The first is that an agreement to transfer...


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Product Details
  • ISBN-13: 9781234279103
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 36
  • Series Title: English
  • Weight: 82 gr
  • ISBN-10: 123427910X
  • Publisher Date: 16 Jan 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 2 mm
  • Width: 189 mm


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