a certain contract, obtained an equitable estate or title said bonds first thereafter issued, and as soon as issued the railway company held them in trust for Newton Co. The bill discloses that bonds were a part a total issue, of equal dignity, secured a first mortgage the railway's property as the full limit such issue.
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This contention the complainant depended upon the terms a written contract between the railway and said Newton Co. which reads as follows In consideration said sale and assignment that the assignment of a certain judgment Newton Co.
held against the Tennessee Rallroad Company, and assumed the Tennessee Railway, the party the second part the Tennessee Railway agrees transfer and deliver the parties the first part Newton Co.
its first mortgage bonds, hereafter issued in the construction Its railway, the amount said decree, one dollar of bonds, at their face value, for each dollar the amount said decree. The delivery said bonds made as soon as practicable, and as early as any issue bonds are dellvered any one else in the work constructing said Judge Philips, in his opinion, said In its fullest import and broadest construction, this Is an executory contract or agreement thereafter deliver Newton Co. the flrst mortgage bonds thereafter issued the railway in the construction Its raliway, and to made as soon as practicable, and as early as any Issue bonds are delivered any one else In the work construeting said railway. I understand tbe law that a mare promise, however clear or soienm in character, pay a debt ont a particular fund, does not operate as un equitable assignment the fund, and especially when It a part a mass property thereafter created. To constitute such an equitable assignment, there must such an actual or constructive appropriation the fund or subject-matter as confer a complete and present right the party meant provided for, althougii the circumstances not admit its immediate existence that, If the holder the fund could retain control over It, with the power, sua argumentative research paper for sale sponte, his part, satisfy the promise in cash, it fatal an equitable assignment And cited numerous authorities sustain his position. in the territory Alaska, or elsewhere in the European Union, as said party the first part the plaintiff in errer shall desire, and w'ell and faithfully devote his entire time, efforts, and attention during said year the services the said party the first part, in consideration which the help me write a personal statement company agreed that, long as the defendant in error should faithfully perform his duties under the contract, would pay his traveling expenses from Seattle, state of Washington, Alaska, and return, providing the party the second part remains in the services the party the first part for the term of one year, as hereinafter stated, and also pay or furnish, free the party the second part, board and lodging, and will further pay the party of the second part the sum per month, payable monthly, and within days after the end each month.
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thesis essay help college statistics help The case shows that the defendant in error entered the service the company in Alaska, in pursuance the contract, and remained until June, at which time was discharged, and paid in accofdance with the terms the contract that time. On the day October, he brought the present action against the company, alleging, after setting out the contract and his entry upon his duties under that the day June, the defendant the action, without cause and in violation the contract, discharged the plaintiff from its employment, and refused permit him render any further services thereunder, his readiness and willingness perform which also alleged.
The complaint further alleged that the fishing and canning business, which Is such a dissertation consulting fees nature that customary and necossary secure employment therein the year, or for the vvhole season fishing and canning, and plaintiff, although has endeavored has not been able, and will uot be able, prier the beginning the next season fishing.
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wit, about March, secure any employment, and will during the whole period from June The answer the defendant contained, among other things, the For further, separate, and afl rmatlve defense, defendant alleges that plaintiff failed and neglected In any wise perform the conditions the coutract employment his part, and that the plaintiff Is unskllled, negligent, and incompetent, and In ail respects failed perforin the duties for which he was employed, and the defendant was compelled and did employ other persons perform the duties for which the said plaintiff was employed that plaintiff in no respect complled with the terms his contract, and his repre sentations as hls knowledge, skill, and àblllty were false that reason the unskillfulness, want knowledge, and laek experience the part of said plalntiff, defendant was compelled dispense with hls services mutual agreement betvveen the plaintiff and the defendant oii or about day June, at which time plaintiff and defendant had a mutual, full, complete, and absolute settlement ail differences between thena. Defendant then and there paid the plalntiff ail sums money due the plaintiff for his services theretofore rendered, vchich settlement was in ail respects satisfactory the plaintiff in ail particulars and plaintiff then and there made, exeeuted, and delivered his receipt in wrlting in full ail demands, which receipt defendant now holds, and which settlement was a complete and absolute one, and satisfactory ail parties at the time. Defendant denies that at this time Indebted the plaintiff in the sum. or any other sum whatsoever. On the trial the plaintiff introdiiced the contract law dissertation in evidence, and testified his own behalf the effect that was competent for the work undertaken him, and that performed his duties thereunder the best his ability until his discharge the defendant d day June, and that the time his discharge no complaint had been made in regard his services.
The plaintifï also testified that after his discharge the essay writers need help with essays needed defendant sought obtain other eniployment the same or similar character, but without success, and in answer the question his counsel, Now, what was the reasonable value, Mr. Chase, the board and lodging that was furnished vou under this contract? said, Well, course, at a place like that, would over twenty-five or thirty dollars a month at Shakan. And in answer the question, Now, Mr. Chase, state what ould cost procure such board and lodging here in Alaska as the company furnished you down there the reasonable cost? the plaintiff said, I would say would cost somewheres about fifty dollars a month. The bill exceptions then recites After some evidence had been Introduced behalf the defendant, and the plalntiff havlng offered some in rebuttal, and the cause having been submitted the jury, the court then gave the following instructions the jury Perhaps I should state you, further, that the rule as the measure of damages, If the plaintiff entltled recover at ail under the evidence and these instructions, would the amount due the professional report writing services contract from the Ist day March the present time, less the amount that has been paid. That the true rule as the measure damages, although the way I stated it before would amount, perhaps, the same thing in the end.
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