The Pioche weekly record. [volume] (Pioche, Nev.) 1877-1900, 1895-02-28
BUSINESS LAW POINTERS.
Threats are hard to prove.

lhS VI uot, must De IOuuueu upon a con
sideration, to be binding.
A patent right may be subjected by
suitable judicial proceedings to the
payment of the judgment debt of the
owner of the patent.
When the minds of the parties meet
as to the terms of contract, and this
unison of intention has been expressed,
the contract is made.
All purchasers must take notice OF
the existence and contents of the statute
or ordinance under which bonds declare
that they are issued.
At the common law, as a general
rule, rent not due when land is sold
passes with it to the purchaser, and is
not objectionable as to time.
Under the laws of the United States,
as well as at common law, men may
not conspire to accomplish a lawful
purpose by unlawful means.
A principal must adopt the acts of
his agent as whole, and will not be
permitted to retain that part which is
beneficial and reject that which is not.
When an act is done willfully and
wantonly, contributory negligence up
ON the part of the person injured is not
an element which will defeat a recov-
cry.
AS rule, the tenant, and not the
landlord, is liable to strangers for in
juries resulting from negligent or
improper use of leased premises during
the continuance of the lease.
In constituting writing, every word
which, taken in connection with the
other language used, has distinctive
meaning, and in any way qualities the
context, must be considered
A buyer who relies upon the professed
friendship of seller, and his pretended
desire to force favor upon him, must
look to the same source for indemnity
in case he is cheated.
There is no arbitrary rule of law pro-
hlbiting contracts between corpora
ton and its agents when such corpora
ton is represented by other agents with
whom the contract is made.
A surety paying the debt of his prin-
cipal is entitled to be substituted to all
the rights Of the creditor in the prem
Uses as to collaterals, and can enforce
the same in court of equity.
The frequent exercise by person of
power, of which the principal may be
presumed to have notice, may be re-
garded by persons dealing with him as
sufficient evidence of his authority to
act.
1t is only matters that are inherently
doubtful, and where a decision must
be arrived at by the exercise of discre-
ton and Judgment. which can consti-
tute the material for a submission to
arbitration.
There is nothing in the law of Illi-
nols which forbids corporations giving
Judgment notes, confessions of judg-
ment or mortgages, or doing any other
matter or thing in the exercise of the
right they have in this State to prefer
one creditor to another.
A purchaser of real estate has right
to believe and rely upon representa-
lions made to him by his vendor as to
this charter, quality and location of
the property when the facts concerning
which the representations are made are
unknown to the purchaser.
Where purchaser obtains stock of
goods of debtor, who is making the
sale with the fraudulent intent of de-
laying and defrauding his creditors,
and is a party to the fraud, or has
knowledge of facts sufficient to excite
the suspicious of prudent man and
put him upon inquiry, he canrot be
said to act in good faith.
Competitions are as strongly bound to
an adherence to truth in their dealings
with mankind, as are individuals and
they cannot, by their representations or
silence, induce others to part with their
money or property, and then repudiate
the obligations for which the money
was expended, and which their state
ments represented to be valid. -Busi.
ness Law.