Business Law for Business Men: A Reference Book Showing the Laws of California for Daily Use in Business Affairs

Anthony Jennings Bledsoe

authorby R.S. Kitchener, 1904 - 542 strani

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Making of Contracts 3344	33

Contracts against Public Policy	39

Agreements for Sale 4446	44

Agreement to Sell Real Property	45

Installment Sales 5054	50

Default in Payments	51

Section 31h Remedy of Seller in Case of Purchasers Default	52

Section 31kForm of Conditional Agreement	53

San Mateo County Notice to Build Fence	295

San Mateo County Trespass by Animals	296

Solano County Fence Law Same as in Amador	297

Sonoma County Posts Used for Fences	298

Tulare County Fence Law Same as in Amador	299

Rights and Liabilities of Professional MenPhysicians	300

Liability for Injury to Patient	301

Failure to Use Proper Appliances	302

STOPPAGE IN TRANSIT Section 32 When Seller or Consignor May Stop Goods in Transit	54

Resale of Personal Property	55

Warranty of Personal Property 5658	56

Warranty on Agreement to Sell Merchandise Not in Existence	57

Warranty of Provisions for Domestic Use	58

When Auction Sale Is Complete	59

Frauds upon the Buyer	60

DEPOSIT OF PERSONAL PROPERTY Section 50 Deposit for Safe Keeping	61

Storage of Personal Property	62

When Warehouse Receipt Is Not Negotiable	64

What Property Must Be Deposited in the Safe	70

Landlord and Tenant 7481	74

Term of Hiring When No Limit Is Fixed	78

Sale of Real Property 8189	81

Form of Bargain and Sale Deed	84

Section 87m Effect of Deed in Escrow	88

Employer and Employee 8992	89

Obligations of the Employer	90

Obligations of the Employee	91

MASTER AND SERVAVT Section 92 Who Is a Servant	92

Term of Hiring	93

Principal and Agent 94103	94

What Included in Authority to Sell Personal Property	95

Agent Cannot Have Authority to Defraud Principal	96

Agents Actual Authority	97

Ratification of Agents Acts	99

Obligations of Agents to Third Persons 10	101

Agents Delegation of His Power	102

Wholesalers Agents 103108	103

Collections by Traveling Agent	104

Failure to Ship Goods	105

Wholesalers Repudiation of Agency	106

MANUFACTURERS AGENTS Section 121 Manufacturers Agent to Buy or Sell	108

Agent Selling Goods Out of Manufacture I10 Section 124 Selling Goods for One Year Made in Another IIO Section 125 Limitation of Authority	110

Sale of Property When Manufactured III	111

Commission Merchants III116	116

Description of Land	117

Failure of Owner to Remove Defects	123

Terms of Payment and Refusal to Accept Tender	129

Owner and Purchaser Need Not Be Brought Face to Face	130

Prevention of Sale by Owner	131

When Owner Must Return Money Paid on Contract	133

Agreement between Agents to Cooperate in Selling	134

Risk of Purchaser Who Takes Lawyers Advice as to Title	135

How Authority of Agent Can Be Extended	136

Purchase by Agent from Himself	137

When Authority of Agent Revocable	138

Fire Insurance Contract 139161	139

Designation of Parties	140

Insurance without Interest Illegal	142

Section Wager Policies Void	143

The Policy of Insurance	144

Open and Valued Policies	145

Agreement Not to Transfer	146

Preliminary Proofs of Loss	147

Alteration Increasing Risk	148

Falsity of Material Representations by Insured	149

Statements as to Valuations	150

Right of Arbitration	151

Waiver of Condition as to Prepayment of Premium	152

Payment of Policy	153

Time When Policy Takes Effect	156

Warranties	157

Provision as to Bringing Suit	159

Liability of Heir for Premium	160

Fire Insurance Agents 161168	161

Brokers or Agents	162

Authority of Local Agent	163

Ostensible General Power of Local Agent	164

Fraud of Agent Disobedience of Instructions	165

Waiver of Petroleum Clause by Agent	166

Agents Knowledge of Former Insurance	167

Building Contracts 168185	168

Contract or Memorandum to be Recorded	169

Contractors Bond	170

Form of Builders Contract	171

Reference to Plans and Specifications in Contract	176

Twentyfive Per Cent Reserved	177

Price Where Contractor Abandons the Work	178

Breach of Contract by Owner	179

Contract Providing for Arbitration	180

Invalid Memorandum	181

Owner Not Liable for Damages on Unrecorded Contract	183

Material Departure from Specifications	184

Mechanics Liens 185200	185

To What Lien Extends	186

Advance Payments Do Not Affect Lien Section 289 Notice to Reputed Owner	187

Effect of Mechanics Lien	188

Owners Notice of Completion	189

Time within Which Miner May File Lien	190

pletion	191

Notice by Owner That He Will Not Be Responsible	192

Contractor Must Defend Suits on Liens at His Own Expense	193

What Is Applied to Liens When Contractor Aban dons the Work	194

Building Constructed under Distinct Contracts Who Is Original Contractor 195	195

When Lien for Materials Begins	196

Lien for Moving a House	197

Abandonment and New Contract	198

Miners Lien Must Be upon the Whole Claim	199

No Lien against a Public Building	200

Right of Materialman to Give Notice	201

Description of Mining Claim	202

What Is Meant by Owner	203

Attorneys Fee Need Not Be Paid before Suit	204

Mining Ground Patented Land	205

Loggers Lien 217220	206

Architect Has No Lien against Monument in Public Park	208

Condition as to Certificate May Be Waived by Owner	209

Services of Architect	210

Contract for Percentage on Cost of Building 21	211

Liens for Salary and Wages 212	212

Wages and Salaries in Case of Attachment and Execution	213

When Transfer of Contract Waives Vendors Lien	214

LIENS ON PERSONAL PROPERTY Section 362 Lien for Services	215

Section 363a Defrauding Livery Stable Keepers	216

Lien of Laundry Proprietors	217

Claim of Lien to be Filed for Record	218

Undertaking on Attachment	219

Lien of Persons Working on Threshingmachine 220	220

Lien Is Assignable	221

False Representations Invalidate Lien	222

Breach of Contract to Pay Money	223

Breach of Agreement to Convey Real Property	224

Damages for Breach of Carriers Obligations	225

Partnership 226252	226

Formation of Partnership	227

Partners Interest in Partnership Property	228

Partners Share in Profits and Losses	229

Application of Partnership Property to Payment of Debts	230

Mutual Obligations of Partners	231

Liability of Partners to Account	232

Renunciation of Partnership	233

Power of Majority of Partners	234

What Partner Cannoť Do	236

Doing Business under Fictitious Name	237

Certified Statement of Special Partnership	238

Rights of Special Partners	239

Mining Partnerships	240

Profits and Losses in Mining Partnership	241

New Member of Mining Partnership	242

Owners of Majority of Shares Govern Conduct of Mine	243

Partial Dissolution of Partnership	244

Notice of Dissolution of Partnership	250

Winding up the Partnership Affairs	251

Surveys of Land 252268	252

Government Survey Accepted and Approved Is Fixed and Unchangeable	253

Field Notes and Maps	254

Townships	256

Principal Meridians and Base Lines	257

Township Corners	258

Section Corners	259

Quarter Section Corners	260

Meander Corners	261

Government Lines and Corners Must Control	262

Proportionate Measurements	263

Instructions from the General Land Office 2014	266

Monuments Control Courses and Distances	267

Application to Purchase School Land	268

Spauldings Table for Measurement of Logs 269273	269

Section 461b Explanation of Table	272

DIVISION FENCES Section 462 Fences on the Line	273

General Fence Law	274

Alameda County Onehalf the Value Must Be Paid	276

Alameda County Partition Fences	277

Alameda County Height of Division Fences and Partition Walls in Cities and Towns	278

Alpine County Fence Law Same as in_Alameda	279

Amador County Duty of Owners	280

Amador County Liability of Adjoining Owners	281

Butte County Fence Law Same as in Amador	282

Colusa County Trespassing Animals	283

Section 485 Colusa County Manner of Constructing Partition Fences	284

Colusa County Lands Exempted	285

Trespass of Animals	286

Humboldt County Fence Law Same as in Alameda	287

Madera County Fence Law Same as in Alameda	288

Modoc County Division Fences	289

Modoc County Construction of Division Fence	290

Mono County Fence Law Same as in Alameda	291

Napa County Division Fences	292

Placer County Fence Law Same as in Colusa	293

San Joaquin County Fence Law North and East of San Joaquin River	294

Liability for Abandoning Case	303

Abandoning Confinement Case	304

Burden of Proof in Suit for Damages	305

Criminal Liability	306

Evidence in Trials for Practicing without License	308

Cases of Emergency	309

Physicians as Expert Witnesses 311	311

Privileged Communications Generally	312

Rights and Liabilities of Professional MenDentists 313	313

Compensation of Dentists	314

Compensation of Oculists	315

Compensation of Attorney 316	316

RIGHTS AND LIABILITIES OF PROFESSIONAL MEN TEACHERS IN THE PUBLIC SCHOOLS Section 584 Male and Female Teachers	317

Election for Life	318

Contract with Teacher 320	320

Duty of Teachers 321	321

Right of Teacher to Punish Pupils	322

Admission of Chinese Children	323

Searchers of Record 324328	324

Liability of Searchers of Record	325

Liability for Mistake	326

Omitting Judgment and Sale 327 1	327

Incorrect Report of Quantity of Land Conveyed 327 1	328

Bond of Notary 329	329

Liability of Sureties on Official Bond	330

False Certificate to Acknowledgment	331

Notary Cannot Amend Certificate	332

Party Introduced to Notary	334

Carriers of Freight 335342	335

Directions to Carriers	336

Bill of Lading	337

Carrier Exonerated by Delivery 338	338

Who Must Pay Freight	339

Agreements to Limit Liability	340

General Liability of Common Carriers for Loss	341

Letters of Credit 342345	342

How Addressed	343

Credit Given Must Agree with Terms of Letter 314	344

BILLS OF EXCHANGE Section 645 Nature of Bills of Exchange	345

When Bill of Exchange May Be Presented for Acceptance	346

Acceptance Must Be in Writing	347

What Is Admitted by Acceptance	348

Foreign Bills	349

Damages Allowed on Dishonor of Bill of Exchange	351

Assignment for Benefit of Creditors 352359	352

What Is Insolvency	353

Void Assignment	354

Failure to File Inventory	355

Bond of Assignee	356

Assignee Protected for Acts Done in Good Faith	357

Collection of Bills and Accounts 359369	359

Mutual Account	360

When Mutual Account Outlaws 361	361

Interest on Stated Account	362

Section 185 Assignment May Be Verbal or Written	363

Authority of Agent in Making Collections	364

Agents Commissions upon Collections	365

Promissory Notes 369396	369

Note Made to Minor	371

Time of Payment	377

Joint Note	382

Form of Joint Note	383

Liability of Makers of Joint and Several Note	384

Legal Rate of Interest	385

Indorsement of Negotiable Note	387

Special Indorsement 388	388

Indorsement without Recourse	389

When Note Must Be Presented for Payment	390

By Whom Note Must Be Presented for Payment	391

What Will Excuse Presentment for Payment	392

When a Note Is Dishonored	393

When Notice of Dishonor Must Be Given	394

When Notice of Dishonor Is Excused	395

Mortgages 390421	396

What Personal Property May Be Mortgaged	397

Mortgage of Minor 398	398

Section 774a Proof of Execution of Mortgage	399

Mortgage Not Recorded Good between Parties	400

Form of Declaration of Homestead by Husband and Wife	401

Form of Declaration of Homestead by Husband	402

Form of Declaration of Homestead by Wife	403

Value of Homestead	404

Form of Real Estate Mortgage	405

Rules Which Apply to Chattel Mortgages	406

Form of Chattel Mortgage	407

Deed as Security and Agreement to Deed Back	409

Lawful Interest	410

Who Must Pay Taxes on Mortgage 411	411

In What Court Suit Must Be Brought to Foreclose Mortgage	412

Costs of Foreclosure	413

What Property Can Be Redeemed	414

The Sheriffs Deed	415

Fossession of Property during Foreclosure Proceed uigs	416

Who Must Pay for Improvements Made during Foreclosure Proceedings	417

Excuse for Not Presenting Claim in Time	418

Collection of Lost or Destroyed Note	419

Assignment of Mortgage	420

Attachments 421429	421

What Property Is Exempt from Attachment or Ex ecution	422

Mortgaged Property May Be Attached	426

Garnishment	427

Money in the Hands of the Law	428

Judgments and Executions 429432	429

Judgment a Lien on Real Property	430

How Justice Court Judgment Is Made Lien on Real Property +31 Section 840 Time within Which Execution May Issue	431

PART V	432

Who May Make a Will	433

Kinds of Wills	434

Form of Olographic Will 430	436

Gifts to Subscribing Witnesses	437

Revocation by Marriage	438

Children of Devisee	439

Estray Law of California 441445	441

Form of Notice	442

Suit by Owner	443

Sale by Constable	444

PART VII	445

Who May Form a Corporation 416	446

i	448

Filing of Articles of Incorporation	449

Cost of Incorporating	450

Amendment of Articles of Incorporation	451

Change of Place of Business	452

Capital Stock	453

Subscription for Stock	454

Transfer of Stock Held by NonResident	455

Void Certificates	456

When Corporation Cannot Claim Its Own Stock Invalid	457

Seal of Corporation	458

Corporation Must Keep within Object of Its Crea tion	459

When Corporation Bound by Its Own Invalid Act	460

Notice to Corporation	461

Assignment of Accounts	462

What Is a Corporation De Facto	463

Stockholders Right to Inspect Books and Records	464

Motives of Stockholder in Making Examination of Books	465

Is Refused	466

Liability of Member Where There Is No Capital Stock	467

When Liability Not Released by Subsequent Tians fer	468

Stockholder May Sue Other Stockholders	469

When Liability of Stockholder Is Satisfied	470

Holding Property in Other Counties	471

Increase of Capital Stock	472

Certificate of Increase or Decrease of Capital Stock	473

Paper in Which Notices Must Be Published	474

Order Levying Assessment 475	475

How Assessment May Be Enforced	476

Form of Notice of Sale	477

Extension of Time for Payment and Sale	478

Purchase of Delinquent Stock by the Corporation	479

Lien for Assessment	480

ByLaws of Corporation	481

Book of ByLaws	482

Other Officers 488	488

Extent of Debts to be Created	494

Banking CorporationsContinued	499

iLiability of Bank for Payment of Check After Death of Drawer	501

jNational Bank Cannot Deal in Stocks	502

cAmount Which Can Be Taken on One Risk	503

cWhen Construction Must Be Begun 304	504

Corporations in California 445506	506

Who May Locate a Mining Claim	507

What Constitutes a Valid Location 508 H Section 1009 The Discovery	508

Marking the Boundaries	509

Form of Notice of Location of a Placer Claim	510

Recording Location Notice	511

Size of Placer Claim	512

Time within Which Location Must Be Made after Discovery	513

514	514

Proof of Assessment Work	515

Relocation of Claim after Forfeiture 516 1	516

Mineral Entries within Forest Reserves	517

518	518

519	519

Mill Sites 520 1	520

Liens on Mining Claims	521

Mining Deeds	531

ExtraLateral Right or Right to Pursue the Vein	537

Water and Water Rights 549574	549

Water Rights on Public Land	553

Water Companies	570

Pogosti izrazi in povedi

acceptance actual agent agreed agreement allowed amount assignment auction authority becomes bill Board bound building California called cause certificate charges Civil Code claim commission common completion condition contract contractor corners corporation County creditor damages debts Decided decision deed deliver Directors dollars duty employed employee entitled executed fact feet fence filed fire firm furnished give given ground intended interest issued keep keeper labor land lease less liable lien loss manner materials ment mining mortgage necessary notice original owner paid partnership party payment performed person possession posts present principal printed purchaser reasonable receipt received recorded recover Reports Section sell sold Statutes sufficient suit Supreme Court thing tion transfer unless valid writing written

Priljubljeni odlomki

Stran 531 - States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations.

Pojavi se v 410 knjigah iz obdobja 1813–2007

Stran 432 - When any testator omits to provide in his will for any of his children, or for the issue of any deceased child...

Pojavi se v 198 knjigah iz obdobja 1851–2002

Stran 424 - ... all the real property of the judgment debtor not exempt from execution in such county, owned by him at the time, or which he may afterward, and before the lien expires, acquire.

Pojavi se v 217 knjigah iz obdobja 1853–1994

Stran 428 - A holographic will is one that is entirely written, dated and signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of this state, and need not be witnessed.

Pojavi se v 207 knjigah iz obdobja 1851–2002

Stran 526 - Witnesseth, that the said party of the first part, for and in consideration of the sum of dollars, lawful money of the United States of America, to him in hand paid by the said party of the second part...

Pojavi se v 548 knjigah iz obdobja 1814–2006

Stran 155 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.

Pojavi se v 499 knjigah iz obdobja 1776–2007

Stran 83 - ... together with all and singular the tenements, hereditaments, and appurtenances, thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest.

Pojavi se v 641 knjigah iz obdobja 1777–2006

Stran 394 - ... recorded in the office of the county recorder of the county where the property is situated.

Pojavi se v 109 knjigah iz obdobja 1872–2006

Stran 502 - ... no location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claim located.

Pojavi se v 267 knjigah iz obdobja 1867–2007

Stran 433 - ... the testator, such issue shall take the estate so given by the will, in the same manner...

Pojavi se v 180 knjigah iz obdobja 1830–1999

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Naslov	Business Law for Business Men: A Reference Book Showing the Laws of California for Daily Use in Business Affairs
Avtor	Anthony Jennings Bledsoe
Izdaja	3
Založnik	authorby R.S. Kitchener, 1904
Dolžina	542 strani

Izvozi navedbo	BiBTeX EndNote RefMan

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