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February 9, 2018 by DVLaw

ABILITY

When the word is used instatutes, it is usually construed as referring to pecuniary ability, as in the construction of Tenterden’s Act (q. v.) ; 1 M. & W. 101.

Contemplates earning capacity as well as property actually owned, to support abandoned wife; State v. Witham, 70 Wis. 473, 35 N.W. 934, Contra, Washburn v. Washburn, 9 Cal. 475.

The ability to buy, required in a purchaser as a condition to the broker’s right to a commission, is the financial 18 ability to meet the required terms of the sale, and does not mean solvency or ability to respond in damages for a breach of the contract. Stewart v. Sisk, 29 Ga.App. 17, 114 S.E. 71. See Able to Purchase.

A voter’s “ability to read” within meaning of election statutes is satisfied if he can read in a reasonably intelligent manner sentences composed of words in common use and of average difficulty, although each word may not be always accurately pronounced, and “ability to write” is satisfied if he can by use of alphabetical signs express in a fairly legible way words of common use and average difficulty, though each word may not be accurately spelled. Williams v. Hays, 175 Ky. 170, 193 S.W. 1046, 1047. But the mere ability to write one’s name and post office address, and nothing more, is insufficient. Murrel v. Allen, 180 Ky. 604, 203 S.W. 313, 314

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