Cases On Common Law Pleading Selected From Decisions of English And American Co
Cases On Common Law Pleading Selected From Decisions of English And American Co
Clarke Butler Whittier
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Burlack, 35 W. Va. 047, 659, 14 S. E. 319 (1891: special traverse of execution) semble. Accord. Justices v. Sloan, 7 Ga. 31 (1849). Contra. So in covenant. Bank v. Ridgely. 1 Har. & G. (. Md. ) . 324, 416 (1827: es- crow, condition unperformed) semble; Smith v. Justice, 6 Phila. (Pa. ) 234 (1867: generally). Accord. Tillis v. Liverpool & L. & G. Ins. Co. , 46 Fla. 268, 277, 35 South. 171, 110 Am. St. Rep. 89 (1903: generally). Contra. 396 PLEADINGS IN CONTRACT ACTIONS (Part 2 evidence impeachin...g the execution of the instrument, under the plea of non est factum, and those in which you may not. In the present case, the defendant was not unlettered, and there is not sufficient proof to warrant the verdict, that there was a substitution of one instru- ment for another. There must be a new trial. New trial granted. GARGAN et al. V. SCHOOL DISTRICT NO. 15. (Supreme Court of Colorado, 1S77. 4 Colo. 53. ) Stone, J. °^ Goddard and Gargan entered into a written contract with the School District, appellee, for doing certain work in the build- ing of a school house, and to secure the due performance of the con- tract on their part, they, together with Niemeyer and Getz, as sureties, executed a bond to the district in the penal sum of one thousand dollars.
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