See Landlord and Tenant, 152, 164. See Animals, 27; Chattel Mortgages, VI. TRIAL, JUDGMENT, ENFORCE- ROADS. ROLLER SKATING RINKS. See Nuisance, 33, 37. ROYALTIES. See Mines and Minerals, 68; Taxation, 348. SALES. See Alteration of Instruments, 9; Chattel Mortgages, 201; Corporations, 76, 116; Customs and Usages, 13; Evidence, 441, 450; Execution; Frauds, Statute of, 158; Parent and Child, 12; Vendor and Purchaser. I. REQUISITES AND VALIDITY OF 4 (Mich.) The possession of personal proper ty may be transferred for a payment in cash, and notes for any deferred balance, and yet the transaction be a bailment.-Atkinson v. Japink, 152 N. W. 1079. 22 (Neb.) The mere statement of the price at which property is held is not an offer to sell.-Nebraska Seed Co. v. Harsh, 152 N. W. 310. 32 (Neb.) Letters of the parties intended only as a preliminary negotiation will not be 107 (N.D.) A judgment for return of the construed as a binding contract to sell.-Neproperty or payment of a certain sum held not braska Seed Co. v. Harsh, 152 N. W. 310. invalid, though the value of each article was not specified, where no timely demand for such II. CONSTRUCTION OF CONTRACT. valuation was made at the trial.-Steidl v. Ait-81 (Mich.) Whether a contract be to accept ken, 152 N. W. 276. REPLY. See Pleading, 177, 180. RESCISSION. purchased goods within a reasonable time or to do everything possible to that end, in either case the question of reasonable time must be determined under all the circumstances attending the contract.-Barlow v. Lincoln-Williams Twist Drill Co., 152 N. W. 1034. Where a buyer of steel agreed to accept deliv See Corporations, 82; Sales, 117, 134; ery in a reasonable time, what was such time deWills, 796. pended on the party's situation, the quantity of steel on his hands, the amount contracted for, the capacity of the buyer's plant, etc.-Id. 81 (N.D.) Whether time is of the essence ~123- of a contract of sale depends on what the parties intended.-Sunshine Cloak & Suit Co. v. Roquette Bros., 152 N. W. 359. See Criminal Law, 423, 780, 8082; Monopolies, 29, 31. Where the language and circumstances show that time is of the essence of a contract of sale, stipulations in regard thereto are conditions precedent.-Id. Time is ordinarily of the essence of an exec; utory contract for the sale and delivery of III. MODIFICATION OR RESCISSION OF CONTRACT. (C) Rescission by Buyer. 117 (N.D.) In a contract for the sale of merchandise a statement as to time of shipment is ordinarily a condition precedent, on nonperformance of which the party aggrieved may repudiate the entire contract.-Sunshine Cloak & Suit Co. v. Roquette Bros., 152 N. W. 359. A purchaser of goods.to be shipped by August 15th held entitled to refuse them where shipment was not made until September 28th.-Id. 134 (Iowa) Buyers who, after declaring rescission and offering to return property, sold it, and, when sued for the purchase price, pleaded no present tender, held to have abandoned their tender by failure to keep it good.-Pleak v. Marks & Shields, 152 N. W. 63. IV. PERFORMANCE OF CONTRACT. (C) Delivery and Acceptance of Goods. 166 (Mich.) Floor tiling for a ship claimed defective because it did not hold water is not defective, though not absolutely watertight. Pennsylvania Rubber Co. v. Detroit Shipbuilding Co., 152 N. W. 1071. 166 (Wis.) Where plaintiff contracted to deliver a silo form and offered to deliver a form not in accordance with the contract, the defendant was not obliged to accept it.-Leach v. Koch, 152 N. W. 453. 1682 (Mich.) A contract for the sale of rubber tiling held not to allow the buyer to try it for one season, and then reject it.-Pennsylvania Rubber Co. v. Detroit Shipbuilding Co., 152 N. W. 1071. VI. WARRANTIES. 273 (Neh.) Ordinarily, a manufacturer impliedly warrants that the article supplied shall be reasonably fit for the known purpose for which it is sold, where the buyer trusts to his judgment or skill.-Underfeed Stoker Co. of America v. Farmers' Co-operative Creamery & Supply Co., 152 N. W. 741. VII. REMEDIES OF SELLER. (E) Actions for Price or Value. 340 (Mich.) Price of goods held recoverable under the common counts, where by a modification of the contract the price was due without condition.-Michigan Hardware Co. v. Merrifield, 152 N. W. 948. 345 (S.D.) Under an exclusive contract and the terms of the dealer's order, held, that a tender to the dealer of settlement papers received by the manufacturer direct from a customer was a condition precedent to the manufacturer's right to demand notes or cash from the dealer for the machine sold.-Maytag Co. v. Dinneen, 152 N. W. 111. 359 (Minn.) Evidence in an action for the price of goods sold held insufficient to show that the alleged sale was made to defendant.Russo v. Alberto, 152 N. W. 833. 363 (Mich.) In an action for the value of rubber tiling laid on a ship, whether the tiling had been accepted by the defendant and the defects waived held for the jury.-Pennsylvania Rubber Co. v. Detroit Shipbuilding Co., 152 N. W. 1071. 364 (Mich.) In an action for the price of sand and gravel, an instruction held to submit the issue between the parties.-Aldrich v. J. Calvert's Sons, 152 N. W. 1060. (F) Actions for Damages. 374 (Mich.) Where one who had contracted to accept delivery of purchased goods within a reasonable time thereafter rejected them because below contract grade, the seller could sue for damages immediately, without awaiting the passage of the reasonable time limited.-Barlow v. Lincoln-Williams Twist Drill Co., 152 N. W. 1034. 176 (N.D.) That the buyer, after refusing and returning the goods, wrote stating that he could not take them owing to local conditions affecting his business, did not constitute a waiver of a condition as to the time of shipment, but 387 (Mich.) In a seller's action for breach was mere evidence on the question of waiver of contract to accept steel bought, question of and of the terms of the contract.-Sunshine reasonable time for performance by the buyer Cloak & Suit Co. v. Roquette Bros., 152 N. W. held for the jury under the evidence.-Barlow v. Lincoln-Williams Twist Drill Co., 152 N. W. 359. 179 (Mich.) Inspection of potatoes shipped subject to inspection held waived.-Berwick Store Co. v. Starks, 152 N. W. 200. 1034. In an action by a seller of steel to recover for the buyer's failure to accept, the buyer's good faith in passing on the quality of the steel held for the jury.—Id. Effect of acceptance of potatoes as waiving in-spection held not changed in view of subse-quent negotiations and the seller's ignorance of VIII. REMEDIES OF BUYER. the acceptance by a telegram authorizing frozen. potatoes to be thrown out at the seller's loss. (D) Actions and Counterclaims for Breach -Id. 181 (N.D.) Evidence in an action for the price of a tractor engine claimed by defendant to have not been the engine ordered held to sustain a verdict for plaintiff.-International Harvester Co. of America v. Alger, 152 N. W. 121. V. OPERATION AND EFFECT. (A) Transfer of Title as Between Parties. 199 (S.D.) The transfer of title in a sale depends upon the intention of the parties.Barnard v. Tidrick, 152 N. W. 690. of Warranty. 437 (Wis.) In action for breach of warranty wherein defendant counterclaimed on completion of secondary contract made in satisfaction of plaintiff's claim, failure to produce evidence of such a claim did not preclude recovery on the counterclaim or a litigation of plaintiff's claim.-Boutin v. Andreas, 152 N. W. 822. 445 (Iowa) Where the seller represented that hay, which was stored in the mow so that only the top could be examined, was nice, bright hay, the statement, though an expression of opinion, was sufficient to take to the jury the question of warranty of quality.-Bice v. Siver, 152 N. W. 498. When a contract of sale requires the delivery of the goods, the property does not pass until the goods have been delivered unless a contrary445 (Wis.) In action for breach of warran intention appears.-Id. 2182 (S.D.) Whether title is transferred by a sale is a question of law, when the facts are so clear as to justify but one conclusion.Barnard v. Tidrick, 152 N. W. 690. ty, there being a counterclaim and evidence in support thereof, and in absence of evidence to the contrary, direction of verdict on counterclaim held proper.-Boutin v. Andreas, 152 N. W. S22. IX. CONDITIONAL SALES. such city into an independent school district under the general school law.-Id. 454 (Mich.) Whether a sale of personalty is absolute or conditional depends upon the con33 (Iowa) A subdistrict of a school district tract of the parties, the fact that title is to re- township held not a "school corporation" withmain in the seller until the purchase-money notes in Code, § 2794a, providing that no school corare paid does not necessarily make the transac-poration from which a consolidated independent tion a conditional sale.-Atkinson v. Japink, 152 corporation is taken shall after the change conN. W. 1079. tain less than four sections.-Consolidated Inde 459 (Mich.) An instrument purporting to be an order for a set of scales containing terms of payment, provision as to title, etc., held a conditional sales contract.-Toledo Scale Co. v. Gogo, 152 N. W. 1046. pendent School Dist. of Webster and Jefferson Tps. v. Martin, 152 N. W. 623. 37 (Iowa) Evidence held to show that a portion of one of the districts not included in the consolidation had never been legally incor472 (Neb.) The description in a condition-porated into that district.-Townsend v. Garal sale contract duly filed of record is suflicient rett, 152 N. W. 565. where it will enable a third person, aided by 38 (Iowa) In proceedings under Code Supp. inquiries suggested by the instrument, to iden- 1913, § 2794a, for the consolidation of four tify the property.-G. A. Crancer Co. v. Coop- school districts, it is not necessary that five noer, 152 N. W. 304. tices of the election be posted in each of the existing districts.-Townsend v. Garrett, 152 N. W. 565. 473 (Neb.) The public filing of a conditional sale contract in a county where the buyer resides protects the seller, though the buyer removes the property to another county and sells it.-G. A. Crancer Co. v. Cooper, 152 N. W. 304. 475 (Mich.) Transfer of one of two notes covering unpaid balance of purchase price of automobile, and giving the seller right to take possession of car upon default in payment, held to vest such right in the transferee concurrently with the same right in the seller on the other note.-Atkinson v. Japink, 152 N. W. 1079. 38 (Iowa) Under Code, § 48. subsec. 23, held, that a notice of election, wherein a consolidated school district was voted, was posted as required by section 2746, where it was postMarch 28th.-Consolidated Independent School ed on March 18th, preceding the election on 152 N. W. 623. Dist. of Webster and Jefferson Tps. v. Martin, district under Code, § 2794a, was signed and apThat the petition for a consolidated school proved by the county superintendent before be ing signed by voters, held not to invalidate it, where he also approved and signed it after it had been signed by the voters.-Id. 479 (Mich.) Where the absolute title to personalty sold is retained by the seller, such retention is inconsistent with an action to recover the That the petition for a consolidated independprice. Atkinson v. Japink, 152 N. W. 1079. ent school district designated the location of the Under contract of sale of automobile for cash proposed schoolhouse held not to invalidate it. and notes covering deferred payments with res--Id. ervation of title in seller, such reservation held a mere security, with which the taking of the additional security of the notes and the enforcement of statutory liens upon the car by seizure and sale were not inconsistent.-Id. Demand by seller upon buyer of automobile, title to which had been reserved until fully paid for, for the car, held sufficient to entitle seller to maintain replevin.-Id. Platted tracts of rural territory held not "town sites" within Code, § 638, and hence not "villages" within section 2794a, requiring that provision be made for separate voting in villages included within a proposed consolidated independent school district.-Id. (C) Government, Officers, and District Meetings. 479 (Neb.) The price of personalty sold un-63 (Wis.) Failure of director and clerk of der a conditional sale contract held recoverable, a school district, required by St. 1913, § 443, to though the property was destroyed by fire with- approve the bond of the treasurer, to insert in out the buyer's fault.-Charles A. Stickney Co. the bond the penalty, held not to invalidate the v. Nicholas, 152 N. W. 554. bond.-State v. White, 152 N. W. 825. II. CRIMINAL RESPONSIBILITY. 32 (Iowa) The statute penalizing seduction of a previously chaste female may not be perverted to punish one induced by the female's manifestation of desire.-State v. Valvoda, 152 N. W. 21. 25 (S.D.) The act of March 13, 1885, incorporating the city of A. did not create a school corporation distinct from the municipal 40 (Iowa) In a prosecution for seduction, corporation, but merely established a depart- evidence subsequent in time to the alleged sement of education under a board having limited duction can be considered only as bearing on corporate powers.-Independent School Dist. of conditions at that time.-State v. Valvoda, 152 Alexandria v. Independent School Dist. No. 2, N. W. 21. Wayne Tp., Hanson County, 152 N. W. 706. Vote of electors of city of A. organizing such city under the general law for formation of municipal corporations held, under Rev. Pol. Code, § 2407, to erect the territory constituting 45 (Iowa) In a prosecution for seduction, evidence held to show an impure mind and lustful disposition on the part of prosecutrix, amounting to unchastity.-State v. Valvoda, 152 N. W. 21. SEED LIENS. See Mortgages, 151. SEPARATE MAINTENANCE. See Husband and Wife, 2852. SERVICE. See Process, 59, 87. SET-OFF AND COUNTERCLAIM. See Bills and Notes, 452; Costs, 32; Sales, 437. II. SUBJECT-MATTER. court's sound discretion, and will not be granted when unjust.-Edmiston v. Hupp, 152 Ñ. W. 296. 21 (Mich.) A wife cannot be compelled to release her inchoate right of dower in land which her husband has agreed to sell, and she is not a proper party to a suit to compel specific performance of her husband's property.-Solomon v. Shewitz, 152 N. W. 196. IV. PROCEEDINGS AND RELIEF: 102 (Neb.) Where a court of equity can afford complete relief by one decree, it may take jurisdiction over the entire subject-matter and require specific performance of an entire contract to devise property.-Lacey v. Zeigler, 152 N. W. 792. 29 (Wis.) Under St. 1913, § 2656, defend-103 (Neb.) Where the promisor dies without ant in an action for slander may plead as a counterclaim a slander by plaintiff arising at the same time and place as the slander alleged in the complaint.-Powell v. Powell, 152 N. W. 168. 33 (Minn.) Damages due to plaintiff's quitting defendant's services without cause, in violation of the contract of employment, could be pleaded as a set-off to plaintiff's cause of action for conversion of garden truck.-Gasner v. Stapf, 152 N. W. 865. complying with his promise to devise property, the district court, but not the county courts, has jurisdiction of an action to enforce specific performance of the promise.-Lacey v. Zeigler, 152 N. W. 792. STATES. See Agriculture, 2, 5; Commerce, 8; II. GOVERNMENT AND OFFICERS. 34 (Wis.) A counterclaim, growing out of the transaction sued on, and defeating or modifying the claim of plaintiff, may be pleaded.79 (Wis.) One injured by the tortious acts -Powell v. Powell, 152 N. W. 168. SETTING ASIDE. See Judgment, 153. SHERIFFS AND CONSTABLES. I. APPOINTMENT, QUALIFICATION, (C) Deputies and Assistants, Substitutes, ~17 (N.D.) Under Comp. Laws 1913, § 10107, a deputy sheriff is an "executive officer of the state" for the purpose of enforcement of the prohibition law.-State v. La Flame, 152 N. W. 810. II. COMPENSATION. 71 (Neb.) Under Laws 1907, c. 54, a sheriff must report all fees earned by him by virtue of his office except those especially excepted from his report by chapter 53.-State v. Miller, 152 N. W. 326. SIGNATURES. See Bills and Notes, 64, 122; Municipal SIGNING. See Schools and School Districts, 38. See Judges, 19. SPECIFIC PERFORMANCE. See Husband and Wife, 221. I. NATURE AND GROUNDS OF REM- 112 (Wis.) A state is not liable for the tortious acts of its officers who are exercising a governmental function.-Apfelbacher v. State, 152 N. W. 144. The propagation of fish by the state for the stocking of public streams is a governmental, not a proprietary, function, so that the state is not liable for torts of its officers engaged in such work.-Id. Laws 1913, c. 624, authorizing suit against the state by a named individual, does not make the state liable to that individual for the torts of its officers exercising a governmental function.-Id. STATUTES. See Frauds, Statute of; Limitation of Actions. For statutes relating to particular subjects, see I. ENACTMENT, REQUISITES, AND 64 (Minn.) That, the proviso of Gen. St. 1913, 7951, subd. 16, as to exemption of wages, is obnoxious to Const. art. 1, § 12, does not invalidate the remainder of the act.-Bofferding v. Mengelkoch, 152 N. W. 135. 64 (Neb.) If the Initiative and Referendum Act of 1897, § 10, is invalid under Const. art. 1, § 22, requiring that elections be free, its invalidity will not invalidate the whole act. -Enos v. Hanff, 152 N. W. 397. 64 (Wis.) Invalidity of the part of Corrupt Practices Act, §§ 94-1 to 94-38, which provides that the court shall determine all issues, 8 (Mich.) Specific performance of. a con- does not render invalid the remaining portract for the purchase of realty is not a matter tions.-State v. Markham, 152 N. W. 161. of absolute right but one resting in the sound discretion of the court, and will not always II. GENERAL AND SPECIAL OR LObe granted where there is an outstanding dower interest in the vendor's wife.-Solomon v. She-93 (Minn.) Laws 1909, c. 503 (Gen. St. witz, 152 N. W. 196. 1913, § 6863), held not objectionable as making CAL LAWS. 8 (Neb.) Specific performance is not or- an arbitrary classification of municipalities in dinarily a legal right, but is directed to the that it excepts from its operation cities of the first class having a special charter.-In re Balch, 188 (Neb.) An unambiguous statute will be III. SUBJECTS AND TITLES OF ACTS. 123 (Minn.) The title to Laws 1909, c. 503 VI. CONSTRUCTION AND OPERATION. 179 (Neb.) The Legislature may so define A legislative definition, extending a particu- UNITED STATES. construed according to its terms.-State v. 218 (N.D.) In construing a statute involv (D) Retroactive Operation. 267 (Mich.) Pub. Acts 1891, No. 179, § 10 VII. PLEADING AND EVIDENCE, 281 (Neb.) A person seeking to avail him- STATUTES CONSTRUED. §§ 4555, 4558, 4559.. 568 11080 960 202 CONSTITUTION. 482 |