A Digest of the Decisions of the Courts of the State of Pennsylvania from 1877 to 1889 ...: Together with a Table of Overruled and Reversed Cases, Volume 3,Parte 1

Kay, 1890
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Página 3193 - The power we allude to is rather the police power, the power vested in the legislature by the constitution, to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and welfare of the commonwealth, and of the subjects of the same.
Página 3437 - Fourthly, where a manufacturer or a dealer contracts to supply an article which he manufactures or produces or in which he deals, to be applied to a particular purpose so that the buyer necessarily trusts to the judgment or skill of the manufacturer or dealer, there is in that case an implied term or warranty that it shall be reasonably fit for the purpose to which it is to be applied.
Página 3385 - ... the measure of damages was held to be the difference between the value of...
Página 3229 - I understand the rule, as now already settled, to be, that where the contract grows immediately out of, and is connected with an illegal or immoral act, a court of justice will not lend its aid to enforce it. And if the contract be, in part only, connected with the illegal transaction, and growing immediately out of it, though it be, in fact, a new contract, it is equally tainted by it.
Página 3385 - The damages must be such as may fairly be supposed to have entered into the contemplation of the parties when they made the contract; that is, must be such as might naturally be expected to follow its violation ; and they must be certain, both in their nature and in respect to the cause from which they proceed.
Página 3065 - In this case to sustain the finding of the auditing judge, viz. that upon a question of fact it is entitled to the same weight as the verdict of a jury, and will only be set aside on such grounds as would Justify the setting aside of such verdict (Rawlinge Estate, 37 Leg.
Página 3203 - In which the parties stand, the necessities for which they would naturally provide, the conveniences they would probably seek to secure, and the circumstances and relations of the property In regard to which they have negotiated, are all elements...
Página 3013 - The evidence must not only be direct, positive, express, and unambiguous, but the contracting parties must be brought face to face ; the witnesses must have heard the bargain when it was made, or must have heard the parties repeat it in each other's presence. A contract is not to be inferred from the declarations of one of the parties...
Página 3565 - And where the plaintiff shall not so set down his cause, but shall proceed therewith to a hearing, notwithstanding an objection for want of parties taken by the answer, he shall not, at the hearing of the cause, if the defendant's objection shall then be allowed, be entitled, as of course, to an order for liberty to amend his bill by adding parties. But the court, if it thinks fit, shall be at liberty to dismiss the bill. 53. If a defendant shall, at the hearing of a cause, object that a suit is...
Página 3323 - The law is, that whether the insanity be general or partial, the degree of it must be so great as to have controlled the will of its subject, and to have taken from him the freedom of moral action.

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