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Judgment Search Results Home > Cases Phrase: pawnee contract Year: 1909 Page 1 of about 295 results (0.060 seconds)

May 17 1909 (FN)

Parish Vs. Macveagh

Court : US Supreme Court

Decided on : May-17-1909

..... price in the market -- a price which would have been enormously enhanced by that very demand -- and parish would have been liable for the difference between such price and the contract price. he was therefore this court said, "under an imperative necessity to prepare to fulfill this requirement." he realized his situation, and that he prepared against its contingencies was the ..... , and in accordance with the evidence in the case, collected by the united states court of claims [italics ours], and, after determining the full amount thus due . . . under the said contract and rule of law aforesaid, to deduct therefrom all payments . . . stating what balance, if any, is due under the rule and evidence prescribed herein, and pay the said balance to ..... and directed to make full and complete examination into the claim of joseph w. parish against the united states for balances alleged to be due him by virtue of a contract made by j. w. parish & company with henry johnson, medical storekeeper, acting on behalf of the united states. . . . that the secretary shall determine and ascertain the full amount which should ..... grounds of damage -- namely, first, what he has already expended toward performance, less the value of material on hand; secondly, the profits that he would realize by performing the whole contract." the report recognized that profits cannot always be recovered, that they may be remote and speculative, incapable of that clear and direct proof which the law requires. but it is .....

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Jul 17 1909 (PC)

N. Joachimson and Co. Vs. Meghji Valji

Court : Mumbai

Decided on : Jul-17-1909

Reported in : 3Ind.Cas.801

..... dealing between the parties, and the course of dealing deposed to in similar transactions, convinces me that macleod, j. was right. that being so, the plaintiffs cannot claim under the contract, for they themselves set it aside. as purchasers out and out, the plaintiffs were themselves bound to accept, from the buyers in england, the price diminished by the amount of ..... definitely to the finding that plaintiffs would appear to the defendant to be commission agents. the plaintiffs could not fail to know this. it follows that they knowingly entered into contracts which could not bear any interpretation but that they were commission agents. what is there on the other side? putting aside the general arguments, the most important of which, have ..... ton respectively. these deductions were made under the rules of the london incorporated oil seeds association after weighment and sampling at hull, the port of discharge, as provided in the contract. the extraordinary difference in the amount of the deductions payable, excited the attention of the defendant. he desired re-sampling in the case of the shipment of 300 tons. this ..... their agents' reports, decisions &c;, as correct and conclusive and binding upon' him. there is (in my opinion) here a studious distinction made between the appellants as parties to the contract and the buyers.' had both the parties intended 'the buyers' to be the same as the appellants, there was no need of distinguishing between the two. and this distinction becomes .....

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May 03 1909 (PC)

Finlay Muir and Co. Vs. Radhakissen Gopikissen

Court : Kolkata

Decided on : May-03-1909

Reported in : (1909)ILR36Cal736,3Ind.Cas.185

..... . the position of the parties at the time of the reference was this. the plaintiffs had appropriated certain bales to the fulfilment of the contract with the defendants; the defendants said they were of inferior quality and they wanted an allowance in respect of them. both the plaintiffs and ..... of commerce by their arbitrators to ascertain whether these specific bales described by certain specific marks are inferior in quality to the goods deliverable under the contract. that se ,ms to me to be consistent only with an assent to the plaintiffs' appropriation of those specific bales, and further, in ..... sound or not, because the admissibility of the award as evidence against the defendants does not depend on the submission to arbitration contained in the contract. the letter of april 22nd, signed by the defendants (as well as the plaintiffs), contains a request to the bengal chamber of commerce for ..... ' witnesses, to make an allowance in respect of such damage. secondly, because the defendants have not pleaded that the plaintiffs agreed to cancel the contract if the goods were proved to be damaged by mildew. thirdly, because when the plaintiffs offered in their letter of october 17th, 1908, to make ..... which might be proved. the defendants say they consented to strike out the words, because the plaintiffs promised that if the goods were mildewed the contract should be cancelled.5. on this point i believe the plaintiffs and not the defendants. first, because i think it very improbable that the .....

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Jul 24 1909 (PC)

W. and A. Graham and Co. Vs. Chunilal Harilal and Co.

Court : Mumbai

Decided on : Jul-24-1909

Reported in : 4Ind.Cas.131

..... the defendants to recover damages suffered by them in consequence of the defendants not taking proper delivery of a cargo of coals as they were bound to do under a contract made between the plaintiffs and defendants on the 30th january 1908.2. the plaintiffs say that by that agreement defendants agreed to purchase from the plaintiffs 50,000 tons of ..... between the defendants and a third party can be tried and settled in one action, and (3) that in cases of contract and sub-contract it must appear that the contract between the plaintiff and the defendant has been imported into the contract between the defendant and the third party. in this case if directions are given there must be a preliminary issue tried ..... on the summons.9. very lengthy affidavits have been filed but the main dispute between the defendants and the third parties appears to be that while defendants set up a contract between them and the third parties whereby the third parties agreed to buy from the defendants the coals of which the defendants were under ..... existed between the defendants and the third parties. until that has been decided it is impossible to say whether the contract between the plaintiffs and the defendants has been imported into a contract between the defendants and the third parties. this alone would be sufficient reason for the court declining to give directions. but even if there was a clear case of .....

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Feb 11 1909 (PC)

V.R. Krishnasami Aiyar Vs. Bathi Gadu

Court : Chennai

Decided on : Feb-11-1909

Reported in : 4Ind.Cas.1136

..... the proper rate of rent in the cases under consideration is the ayan rate relied on by the defendants, which is supported by an implied contract between the land-holder and the tenants of the village, ascertained in accordance with principles of the leading decision reported in the case of venkatagopal v ..... to compel one another to alter the terms which heretofore had regulated their obligations. it is probable that the term 'implied' was intended to signify a contract, that could be inferred from the conduct of the parties in preceding years.'15. the plaintiff herein became the auction-purchaser of the late shrotriemdar's ..... upon those who are supposed to have been those parties, and the second proviso to rule no. 4 of section 11 can rarely apply to that contract. i quote the following observations from the above decision in support of my view: 'we have observed that the act presupposes the existence of the ..... than the crop-war rent, which the landlord would otherwise be entitled to levy. therefore, the question of want of consideration, as regards the implied contract, found to exist in the present case, does not arise.12. there was an observation in a case reported in ramanadan v. srinivasa murthi 2 m ..... it was held that such payment might be evidence of an agreement to pay at that rate and that it will not be binding as a contract for want of consideration in that particular case. this conclusion was qualified by an observation as follows: 'if in cases like the present, payments at .....

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May 17 1909 (FN)

Ceballos and Co. Vs. United States

Court : US Supreme Court

Decided on : May-17-1909

..... enlisted men. as it is not questioned by the united states that civil officials representing the spanish government in the philippines were entitled, both under the oral and written contracts, to cabin accommodations, we have assumed that construction to be well founded. it follows from the reasoning heretofore employed that the wives and children of such officials were likewise ..... usual rations furnished under spanish regulations." "i will furnish a satisfactory bond for the faithful fulfillment of this service." this bid was accepted, and on march 4, 1899, a contract was executed between the secretary of war and ceballos & company, by their attorney in fact which, omitting the attestation clause and signatures, is as follows: "whereas, under the ..... by the secretary of war," that expression not embracing wives and children of officers, but embracing all designated persons other than officers and their wives and children. a contract carrying out treaty obligations should be liberally construed so as to effectuate the purposes intended by the treaty. in the light of all the surrounding circumstances, it will not ..... , providing certain accommodations for officers and steerage accommodations for men and other persons designated by the secretary of war, the fact that in the performance of the cuban contract the wives and children of the officers were given similar cabin accommodations to those of their respective husbands and fathers, and the united states had paid therefor the higher .....

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Jul 26 1909 (PC)

Addis Vs. Gramophone Co Ltd

Court : House of Lords

Decided on : Jul-26-1909

..... but if there be not, i cannot see why acts otherwise non-actionable should become actionable or relevant as an aggravation of a breach of contract which, ex hypothesi, is already fully compensated. a certain regret which accompanies the conclusion which i have reached on the facts of this particular ..... to have forgotten it. in the very decisions cited by lord collins in england the award of damages in respect of breach of the contract of service seems to have been improperly inflated by allowances made for "false charges," even a charge of embezzlement. i looked for possible ..... importing an obloquy and causing an injury, any reasonable estimate of which in money would far outreach the balance of emolument due under the contract. this is within the range of ordinary as well as professional experience. and i admit the highest regard for that judicial opinion which leans ..... have paid readily without any embarrassment, but refused with expression of contempt and contumely, from a malicious desire to injure his creditor? few parties to contracts have more often to complain of ingratitude and baseness than sureties. are they, because of this, to be entitled to recover from the principal, ..... than stimulated; inasmuch as to apply in their entirety the principles on which damages are measured in tort to cases of damages for breaches of contract would lead to confusion and uncertainty in commercial affairs, while to apply them only in part and in particular cases would create anomalies, lead .....

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Feb 01 1909 (FN)

Crawford Vs. United States

Court : US Supreme Court

Decided on : Feb-01-1909

..... who was the president of the fabrikoid company, of newburg, new york, and it appeared from his testimony that, sometime in 1902, and prior to the making of the contract between the lock company and the post office department, the defendant had some correspondence with the fabrikoid company with reference to the availability and the cost of the material manufactured ..... and corruptly to defraud the united states. its almost necessary result, if carried out, would be to defraud the united states. the fraud might be perpetrated by getting the contract at a higher price than otherwise would have been obtained, or, if already obtained, then the united states might be defrauded by the general superintendent accepting improper satchels, not ..... false claims to a clerk in the post office department under this same contract, and in violation of the same section of the revised statutes. upon motion, the three indictments were consolidated for the purpose of trial of the defendant and were tried ..... him with conspiring (together with lorenz and machen) against the united states by agreeing to present false bills of account to the post office department, in relation to the contract mentioned, for supplying the department with satchels for letter carriers, in alleged violation of 5438 of the revised statutes. the other indictment was against the defendant individually for presenting .....

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May 05 1909 (PC)

Beni Ram Sarugs Vs. Mahomed Abdullah

Court : Kolkata

Decided on : May-05-1909

Reported in : 2Ind.Cas.69

..... exerciser jurisdiction over any matter provided for or referred to in section 74 as to lands; held or claimed to be held free from revenue except rights arising under any contract between the government of india and grantees of land. it has further been contended that the enquiry by the settlement officer was under section 74. on the other hand it ..... , that the decision of the settlement officer was right on the merits and that in fact no question of admissibility of oral evidence to vary the terms of the original contract really arises.2. in support of the first of these contention; reliance has been placed by the learned vakil for the appellant upon section 152 (b), clause (9), of the .....

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Feb 01 1909 (PC)

Mulji Tejsey and ors. Vs. Ransey Devraj and ors.

Court : Mumbai

Decided on : Feb-01-1909

Reported in : 3Ind.Cas.837

..... that the association ever intended to exclude from the sub-committee entrusted with the fixing of the vaida rate, every member of the association who might have contracts for that vaida. so that, if as i find, the plaintiffs ' representative, whom i have loosely called the plaintiff, was present at this ..... : in the same way the bears want to force a low rate and in their turn make their profit out of differences. in such contracts it may very well be doubted whether the parties have in contemplation anything more than the differences upon their speculative dealings which will be determined by ..... , an indispensable qualification. in the history of the association, there can be no doubt that before the 30th november 1906 many members who had vaida contracts sat ' on the sub-committee appointed to fix the vaida rate. and it would appear from the tenor of the plaintiff's concluding arguments that ..... touching the rate fixed under rule 30. all the disputes which are contemplated seem to be disputes between member and member, about vaida and other contracts not a dispute about the correctness of the rate decided upon to be the standard of settlement. in that connection it is important to pay careful ..... that khoorpal dungersey was not in any sense or for any purpose his partner' in this vaida dealing, he should have so readily given up the contract in which khoorpal dungersey acted, as he says, for him in. the capacity of agent. [after discussing the evidence on the question of partnership, .....

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