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Download book The Digest of the Decisions of the Courts of Ohio from the Earliest Period to September 1st, 1913 Volume 2

Download book The Digest of the Decisions of the Courts of Ohio from the Earliest Period to September 1st, 1913 Volume 2

The Digest of the Decisions of the Courts of Ohio from the Earliest Period to September 1st, 1913 Volume 2. William Herbert Page

The Digest of the Decisions of the Courts of Ohio from the Earliest Period to September 1st, 1913 Volume 2
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Author: William Herbert Page
Page Count: 996 pages
Published Date: 01 Mar 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781130732955
File size: 22 Mb
File Name: The.Digest.of.the.Decisions.of.the.Courts.of.Ohio.from.the.Earliest.Period.to.September.1st,.1913.Volume.2.pdf
Download Link: The Digest of the Decisions of the Courts of Ohio from the Earliest Period to September 1st, 1913 Volume 2
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 Excerpt: ... of a donee of land, in consideration thereof to pay the donor's debts, is an original promise, and not within the statute of frauds: Swihart v. Shaum, 24 0. 8. 432, III Longsdorf'a Notes, 182. See also Frauds, Statute Of. B. Assignment. See Assignments. C. Negotiabili: Y. See Negotiable Instruments. VII. CONSTRUCTION. A. Meaning To Be Given To Words Employed. Id interpreting a word or phrase in a contract, heed must be given to the entire agreement and its subject-matter: Xagcl V. Zumstcin, 0 0. N. P. (N.R.) 385, 20 O. D. (N.P.) 323. The right of subrogation is not founded on contract, but it may be qualified and controlled by express agreement of the parties. Contracts of that nature, like all others, arc to be construed and enforced according to the intention of the parties as derived from the language tliey have employed: Lithographic Co. v. Shillito Co., 64 0. S. 236, IV Longsdorf's Notes, 870. See also Subrogation. Terms will be construed in their popular and not scientific signification, if such was the intention: Railroad v. Vecdcr, 17 O. 385, I Longsdorf's Notes, 81fl. Where the language of a contract is clear, courts will not endeavor to inject any ambiguity or give to it a far-fetched construction, but will place upon the contract the construction which the plain language used calls for, giving each word its ordinary meaning: Church v. Wafer Co., 20 0. C. C. 578, 10 O. C. D. 648. The natural meaning, if evident and in clear terms, needs no interpretation. Conjectures to restrict or extend are but attempts to evade: Laiclcr V. Burt, 7 0. S. 340, II Longsdorf's Notes, 306. The same words or terms can not be interpreted to mean one thing in one part of the state ami a different thing in another part. Law must be uniform. The rule that the lex loci g...

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