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But, in the absence of evidence to the contrary, the scroll or rectangle containing the phrase 'Seal' might be deemed to be the correct and customary seal of the corporate. The speculation of this demurrer seems to be that there should have been an averment on the face of the instrument that the seal attached, on behalf of the corporate, was its frequent or corporate seal. This by-regulation seems to describe the powers and duties usually possessed by presidents of railroad companies, and we're subsequently relieved from contemplating what would have been the effect of an unusual restriction on the powers of such an officer, and whether or not these dealing with a railroad company would be obliged to take notice of such unusual restriction. As, then, the contract in question was, upon our present assumption, inside the legit scope of the powers of the corporate, and was executed by that officer of the corporate who by the by-laws was the right agent to carry out such perform, and as the company went into possession of and obtained the rents and profits of the lodge, we conclude that the company was sure thereby, even if the minutes of the company fail to disclose authority expressly given to the president to execute the contract.
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Assuming, for the car hire lhr current functions of the dialogue, that the subject-matter of the contract in query was throughout the legitimate scope of the company's powers, we predict the info and circumstances shown by the evidence disclose a case in which the company would be certain, however there was no proof that the president was expressly authorized to make the contract by a earlier decision of the board. Giving the utmost effect to the testimony, it altogether failed to point out such a case of impossibility as would, beneath the authorities, have discharged the defendant from the obligation of his contract; and we expect the court docket would not have erred in so charging the jury. If the defendant subjected itself, by a valid contract, to maintain the premises insured in the sum of $6,000 during the term of the lease, and, without enough cause, failed to do so, and if the resort was definitely worth the sum talked about, and was wholly destroyed by fireplace, the extent of the defendant's legal responsibility would clearly be the amount of the plaintiffs' damages, specifically, $6,000.10, the place was in question the validity of a contract by a railway company to work a coal mine: 'The answer to the query appears to me to depend on the information of every particular case. Although the contract energy of railroad corporations is to be deemed restricted to the general functions for which they're designed, yet there are a lot of transactions that are incidental or auxiliary to its predominant enterprise, or which can turn out to be useful in the care and administration of the property which it is authorized to carry, and within the security and comfort of the passengers whom it's its obligation to transport. Here the final rule is that such impossibility, regardless that it arises without any fault on the a part of the covenantor, doesn't discharge him from his liability under the contract. Once settled it was here that we had been to spend lazy days on the sands, go glass-backside boat exploring/fishing and windsurfing amongst different sport. This is a leisurely approach to get pleasure from just a few days traversing the seas, perhaps from the attractive coastline of the Cape of fine Hope in South Africa, or leaving from the more tropical destination of Durban.
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The following two days were to be spent at the Troux Biches Hotel, sipping sodas in the hot balmy nights, whereas experiencing the gorgeous girls gyrating their beautiful tanned bodies to saga music. As respects these parts of the objections that raised the query as to the authority of the president to execute the contract in question, there was, in addition to the presumption that would arise out of the signing, sealing, and delivering of the instrument, evidence that the corporate exercised acts of ownership and control over the demised premises, took cost of them by their superintendent, took a list of the property, rented the hotel portion to a 3rd party, acquired cash rent therefor, hyundai cars in uae gave receipt therefor below the seal of the corporate, opened an resort account on their cashbook, which showed receipts of rent from the tenant, and expenditures for shifting the resort, and for making improvements therein, and there was proof adduced by the defendant itself of efforts to get the property insured in pursuance of their contract. In the present case it was related to point out that the witness, when about to rent the resort, was told by the president to go to Mr. Warriner, the secretary of the company, to whom she paid one month's rent, and who gave her a receipt therefor, with the corporate seal connected.
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