Download pdf Oklahoma Reports Volume 50
Download pdf Oklahoma Reports Volume 50

Oklahoma Reports Volume 50.cAnonymous
Oklahoma Reports Volume 50
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Author: Anonymous
Page Count: 256 pages
Published Date: 15 Jan 2013
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781234232566
File size: 23 Mb
File Name: Oklahoma.Reports.Volume.50.pdf
Download Link: Oklahoma Reports Volume 50
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 edition. Excerpt: ...such objection, not being favored by the court, should generally-be overruled, unless there is a total failure to allege some matter essential to the iielief sought. APPEAL AND ERROR--Trial--Interrogatories---Equity Case. Where a jury is impaneled in a case of purely equitable cognizance, to aid the court in determining the facts, it is entirely within the discretion of the court as to what interrogatories the court propounds to the jury; and error cannot properly be assigned that the court erred in propounding such interrogatories, or that the interrogatories propounded were not germane to the issue involved. SAME--I.nstrucliom-Equity Case. Where a jury is impaneled in a case of purely equitable cognizance, to aid the court in finding the facts, the findings of the jury being merely advisory, the giving or refusal to give certain instructions, regardless of whether or not such instructions given or refused correctly state the law, cannot properly be assigned as error. CONTRACTS-(lonsidel-ati0n--SuflIclency. It may be laid down as a general rule that there is sufficient consideration for a promise made in writing, if there is any benefit to the promiser, or any loss or detriment to the promisee. It is not necessary that a benefit should accrue to the person making the promise. SAME--Wa.nt of 0onsideration--Burdon of Proof. Where the oxecution of a written instrument is admitted, but want of consideration therefor pleaded, the burden is upon the party executing the instrument to prove by a preponderance of the evidence the want of consideration. SPECIFIC PERFORMANCE--Conf/ract to Convey l.a.nd--Dam8.g98. Where it appears from the evidence, in an action for specific performance of a contract to convey land, that the consideration has been...

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