US Lawyer Database

Section 29-106 – CONTRACT NOT PUT IN WRITING THROUGH FRAUD.

29-106. CONTRACT NOT PUT IN WRITING THROUGH FRAUD. Where a contract, which is required by law to be in writing, is prevented from being put into writing by the fraud of a party thereto, any other party who is by such fraud led to believe that it is in writing and acts upon such belief […]

Section 29-107 – CORPORATE OR OFFICIAL SEAL — HOW AFFIXED.

29-107. CORPORATE OR OFFICIAL SEAL — HOW AFFIXED. A corporate or official seal may be affixed to an instrument by a mere impression upon the paper or other material on which such instrument is written. History: [(29-107) R.S., sec. 3226; reen. R.C. & C.L., sec. 3318; C.S., sec. 5667; I.C.A., sec. 28-107.]

Section 29-101 – WHO MAY CONTRACT.

29-101. WHO MAY CONTRACT. All persons are capable of contracting, except minors, persons of unsound mind, and persons deprived of civil rights. History: [(29-101) 1863, p. 515, sec. 1; R.S., sec. 3220; reen. R.C. & C.L., sec. 3312; C.S., sec. 5661; I.C.A., sec. 28-101.]

Section 29-102 – ENFORCEMENT BY BENEFICIARY.

29-102. ENFORCEMENT BY BENEFICIARY. A contract, made expressly for the benefit of a third person, may be enforced by him at any time before the parties thereto rescind it. History: [(29-102) R.S., sec. 3221; reen. R.C. & C.L., sec. 3313; C.S., sec. 5662; I.C.A., sec. 28-102.]

Section 29-103 – PRESUMPTION OF CONSIDERATION.

29-103. PRESUMPTION OF CONSIDERATION. A written instrument is presumptive evidence of a consideration. History: [(29-103) R.S., sec. 3222; reen. R.C. & C.L., sec. 3314; C.S., sec. 5663; I.C.A., sec. 28-103.]

Section 29-104 – WANT OF CONSIDERATION — BURDEN OF PROOF.

29-104. WANT OF CONSIDERATION — BURDEN OF PROOF. The burden of showing a want of consideration sufficient to support an instrument lies with the party seeking to invalidate or avoid it. History: [(29-104) R.S., sec. 3223; reen. R.C. & C.L., sec. 3315; C.S., sec. 5664; I.C.A., sec. 28-104.]