For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER er that he would not deliver any more.-Otto R. | testimony of manager of fertilizing department Brenner, Limited, v. Loeb-Nunez Tobacco Co., of a third company as to whether the seller 106 A. 791. company possessed the good will of the witness' 1682(1) (Pa.) The buyer of an article sold, company held inadmissible as irrelevant.-Id. under an agreement that it may be returned if 418(2) (Pa.) Where a sample of tobacco not satisfactory, has the right to return, if his shown at the time of making of the contract objections are made in good faith and not ca- I was in perfect condition, the difference between priciously. Randal v. Mitchell Motorcar Co., contract price and market value of an article of 106 A. 783. the quality shown by the sample is the measure of damages for seller's failure to deliver.Otto R. Brenner, Limited, v. Loeb-Nunez Tobacco Co., 106 A. 791. (D) Actions and Counterclaims for Breach of Warranty. 1682(5) (Pa.) Where seller of automobile agreed that if it was not satisfactory it might be returned, and that buyer might have the purchase money or take another, and that if the other was not satisfactory seller would refund all money paid, seller could not complain of buyer's failure to promptly rescind contract and return second automobile received, if de-442(2) (Md.) In a suit for breach of warlay was wholly due to seller's request.-Randal ranty where the article has not been returnv. Mitchell Motorcar Co., 106 A. 783. ed, the measure of damages is the difference between the value of the article with the defect and its value without the defect.-International Motor Co. v. Oldfield, 106 A. 611. SALOON. 172 (Md.) Where manufacturing seller of sulphuric acid on account of European war and consequent demand for acid in munition manufacture undertook new contracts for delivery of acid, fact that it enlarged plant and did not deliver under new contracts amounts of acid exceeding amounts by which additions to See Health, 37. plant increased its product did not excuse it for shortage in deliveries under an existing contract.-Davison Chemical Co. v. Baugh Chemical Co., 106 A. 269. VII. REMEDIES OF SELLER. (E) Actions for Price or Value. 355(2) (Del.Super.) The rule that, in action in assumpsit for goods sold and delivered, under plea of non assumpsit, the defendant vendee can show that a person other than plaintiff owned the goods at the time of sale, is not repealed by Rev. Code 1915, § 4201, giving defendant the additional remedy of interpleading the alleged owner.-Jones v. Hopkins, 106 A. 287. SANITARY DISTRICTS. See Constitutional Law, 42; Statutes, See Statutes, 48. SCHOOLS AND SCHOOL DISTRICTS. See Dedication, 8; Executors and Adminstrators, 129, 148; Judgment, 747; Licenses, 56; Reformation of Instruments, 7. II. PUBLIC SCHOOLS. Establishment, School Lands and Funds, and Regulation in General. 355(2) (Me.) The logs for which plaintiff sought recovery upon a "quantum meruit," (A) meaning "what he merits," having been furnished under a special contract, defendant under plea of general issue could claim and show dam-15 (Vt.) Where a grant of land to trusages due to breach of contract; such damages being in issue, not by the plea, but by the nature of plaintiff's action.-Viles v. Kennebec Lumber Co., 106 A. 431. VIII. REMEDIES OF BUYER. (A) Recovery of Price. 390 (Md.) Upon breach of warranty of goods sold, the buyer may either return the chattel within a reasonable time after discovering the breach and recover in assumpsit on the common counts the amount paid, or retain it and sue upon the contract for damages resulting from the breach of warranty.-International Motor Co. v. Oldfield, 106 A. 611. (C) Actions for Breach of Contract. 416(1) (Md.) In action by buyer of sulphuric acid against manufacturing seller for shortage in delivery, testimony of president of seller as to whether it had been customary with its customers to avail themselves of a certain clause in contracts for acid held properly excluded as immaterial.-Davison Chemical Co. v. Baugh Chemical Co., 106 A. 269. In action by buyer of sulphuric acid against manufacturing seller for shortage in deliveries, testimony, as to why buyer company built a plant to make acid, that it was owing to a threat made by the seller's president that his company was going to drive the buyer out of business, and testimony as to the conversion with the president of the seller company, held admissible as reflecting on question whether seller refused to furnish acid for reasons it relied on or for other reasons.-Id. In action by buyer of sulphuric acid against manufacturing seller for shortage in deliveries, tees of a county grammar school contemplated that it be so leased as to result in a yearly income for the school's use and support, and it was intended by the Legislature, and so within the statute, that there be a reservation of rent payable annually, and that the school through its trustees have at no time the right to anticipate future rents or sell the lands to the injury of future generations equally entitled to the benefit of its use, such provisions were none the less obligatory in the court of equity than in a court of law. Powers v. Trustees of Caledonia County Grammar School, 106 A. 836. Where a grammar school holds land subject directly to a trust in the form of a power, equity will not allow the grammar school to deal with the estate in a manner inconsistent with the trust and to the prejudice of the cestui que trust.-Id. Where a county grammar school, without power to convey property in which it had the right to beneficial use, attempted a conveyance, which fact was established in ejectment action, such act was in destruction of, and a fraud on, the power, and a court of equity will not give sanction thereto, but will leave the plaintiffs purchasers to their remedy at law, unless a case is presented with such equities as in justice shall entitle purchasers to relief, having regard to the beneficiaries' rights to the annual income from the land.-Id. A perpetual lease executed by trustees of county grammar school, being a conveyance in perpetuity of the whole estate, with a gross sum then paid as full consideration, and with no reservation of rent payable at stated intervals or otherwise, and no clause of forfeiture or right of re-entry for noncompliance with Schools and School Districts 106 ATLANTIC REPORTER any provision, was an attempted conveyance in fee, and not a lease.-Id. SEDITION. 980 See Constitutional Law, 90; Criminal Law, 16, 793, 822, 1050, 1129, 1172; War, Omm 4. SEPARATE PROPERTY. Where a state grant of lands to school trustees contemplated their being so leased as to result in a yearly income for the support of the county grammar school, and such income could be realized only by a rent reservation payable annually, and such was required by the Legis- See Husband and Wife, 151-194. lature, a reservation of rent so payable is a material and substantive requirement to be contained in the lease of the property as essential to the purpose of the grant, and an instrument failing to answer this requirement is void. Id. Where school trustees unlawfully granted a perpetual lease for a lump sum of land granted to the district without power to alienate, and for the purpose of a yearly income for the support of the county grammar school, evidence held insufficient to warrant the inference drawn by the chancellor that the lump sum of money was deposited with the district under agreement that the interest therefrom should pay the annual rent.-Id. The principle that where a grantor has stood by for many years and seen grantees take possession of land and treat it as their own, cut lumber on it, and ultimately sell and convey it in good faith, and with the understanding, induced by defendant grantors' conduct, that they had the lawful right so to do, that grantor is estopped in equity from asserting the acts of grantee and their successors to be unlawful does not apply where school district trustees made a grant beyond their legal right, and grantees were mala fide purchasers.-Id. SEPARATION. See Husband and Wife, 279–295. SET-OFF AND COUNTERCLAIM. See Appeal and Error, 847; Bills and Notes, 350; Contracts, 346; Equity, 392; Insurance, 51; Pleading, 142; Principal and Agent, 123. SHELLEY'S CASE. See Wills, 608. SHERIFFS AND CONSTABLES. See Contracts, 54, 187; Mines and Minerals, 542. SHIPPING. See Commerce, 22; International Law, SIGNATURES. 286, 373, 375, 956, 1064; Bills Corporations, See Appeal and Error, 99, 109; Trusts, 21, 22. The sale and conveyance of an estate in fee in land granted to the trustees of a grammar school in trust, the annual income thereof to be used for the school, consideration for sale being paid in a gross sum, was not only a fraud on the power, but also upon the future objects of the power, and the sale contract was unconscionable on the part of the grammar See Libel and Slander. school and also on the part of the grantees. -Id. Parties wrongfully in possession of land held in trust by grammar school trustees for the purpose of annual income should account to the school trustees for the money actually received from the stumpage sold.-Id. (D) District Property, Contracts, and Liabilities. SLANDER. SOCIAL EQUALITY. See Wills, 647. SOLDIERS' VOTES. See Elections, 74, 216, 227, 278. 65 (N.J.Ch.) Deed to trustees of district See Statutes, 66-85. school of township, and successors and assigns forever, for use of having erected thereon and maintained for use of district a schoolhouse and playground, and no other purpose whatever, did not grant an estate on conditional limitation, but, if anything of a conditional nature, an es tate on condition subsequent, so that mere ces sation, perhaps temporary, of use of the land for school purposes by the successors of the trustees did not work a forfeiture of the estate.-Board of Education of Borough of West Paterson v. Brophy, 106 A. 32. SPECIFIC PERFORMANCE. See Husband and Wife, 194; Vendor and Deed to trustees of district school of township, and their successors and assigns forever, to have erected on premises and maintain for use of district a schoolhouse, etc., and for no other purpose whatever, held to have granted a fee simple without conditional limitation; statement as to use of premises being merely precatory.-Id. See Bills and Notes, 36, 90; Justices of the as against other heirs who asserted their right Peace, 164. See Commerce, 22; Courts, 97; Mas- See Constitutional Law, 121, 212; Crimiter and Servant, 373, 375, 405. nal Law, 16; Husband and Wife, ~2; Statutes, 77, 85; Taxation, 23; Tel-expressing the inalienable rights of the people, egraphs and Telephones, 10; War, 4; does not enable Legislature to pass special acts Waters and Water Courses, 113. For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER LIABILITIES. enabling suits against commonwealth, from other constitutional limitations.-Id. free 85(4) (Pa.) In view of Const. art. 1, § 11, permitting suits against commonwealth in such cases as Legislature may by law direct, section 26, excepting everything in the article out of general powers of government, and under ing practice and the changing rules of evidence, art. 3, § 7, forbidding special laws regulatAct May 10, 1917 (P. L. 159), authorizing an individual to sue for death from injury on a' highway taken over by commonwealth under Act May 31, 1911 (P. L. 468), is a special act and invalid.-Collins v. Commonwealth, 106 A. 229. Const. art. 1, § 11, authorizing suits against commonwealth in such cases as Legislature may by law direct, is subject to limitations imposed by article 3, § 7, forbidding special laws "regulating the practice" and "changing the rules of evidence" in any judicial proceeding, so that to create a liability against commonwealth and to authorize suit to recover thereon a general statute is necessary.-Id. 112 (Pa.) The commonwealth is not liable for the negligence of its officers in not properly repairing its highways and not liable to a widow for death of her husband after an accident on a state highway, taken over by the commonwealth under Act of May 31, 1911 (P. L. 468).-Collins v. Commonwealth, 106 A. 229. Act May 31, 1911 (P. L. 468), whereby commonwealth took over control of certain highways and sections 6 and 11 thereof, putting repair and control in state highway department and defining powers of state highway commission, does not make commonwealth liable for negligence of its officer and employés in constructing, maintaining, and repairing such high-1102(3) (Pa.) Act May 13, 1909 (P. L. ways, as such intent does not appear in clear and unambiguous language.-Id. VI. ACTIONS. 191(1) (Pa.) The commonwealth, being a sovereign, cannot be sued without its consent, which may be given by Constitution or by statute.-Collins v. Commonwealth, 106 A. 229. STATUTE OF FRAUDS. See Frauds, Statute of. STATUTE OF LIMITATIONS. See Limitation of Actions. STATUTES. See Constitutional Law. III. SUBJECTS AND TITLES OF ACTS. 520), entitled "An act relating to food" and to protection of public health by prohibiting sale or possession with intent to sell of adulterated foods, is sufficiently comprehensive to impose duty of inquiry as to its contents, and to put persons dealing in a canning compound to be used in preparation or composition of food on notice of its prohibition of adulteration by boric acid.-Commonwealth v. Fulton, 106 A. 636. 113(3) (N.J.Ch.) The title to the Insurance Act, "An act to provide for the regulation and incorporation of insurance companies and to regulate the transaction of insurance business in this state," held sufficient to fairly indicate the general object, although not indicating the method of attaining the object and not violation of the constitutional provision that every law shall embrace one subject and that shall be expressed in its title.-G. P. Farmer Coal & Supply Co. v. Albright, 106 A. 545. 115(3) (Md.) Acts 1916, c. 325, entitled "An For statutes relating to particular subjects, see act to repeal sections 1 to 23 (inclusive), 25, the various specific topics. I. ENACTMENT, REQUISITES, AND 48 (N.J.) Where a saving clause in a statute, if good, will render the statute of no effect, the saving clause is void.-Jensen v. F. W. Woolworth Co., 106 A. 808. 26, 27, 28, and 31 of article 46 of the Code of Public General Laws of Maryland, title 'Inheritance,' in Bagby's Annotated Code of said Laws, and to enact in lieu thereof four new sections of article 46, to be known as sections 1, 2, 3 and 4 of said article, thereby assimilating the law relating to the real property of decedents more nearly to the law relating to personal property," is not violative of Const. II. GENERAL AND SPECIAL OR LO-art. 3, § 29, requiring every law to relate to CAL LAWS. but one subject, to be described in title.-Key v. Key. 106 A. 744. 66 (Pa.) Only the special legislation which 120(2) (Md.) Acts 1918, c. 122, establishing is expressly forbidden by Const. art. 3, § 7, is the sanitary district within the counties of invalid on that ground, not including special Montgomery and Prince George's is not invalid food laws.-Nolan v. Jones, 106 A. 235. for conflict with Const. art. 3, § 29, providing ✨~~~77(1) (Pa.) Act April 19, 1917 (P. L. 86), that every law shall embrace but one subject to authorizing plaintiff herein to sue the common- be described in its title.-Dahler v. Washington wealth for personal injury on a highway which Suburban Sanitary Commission, 106 A. 10. had been taken over by it under Act May 31, 21(5) (N.J.) Act March 21, 1916 (P. L. 1911 (P. L. 468), is unconstitutional. as being special legislation in violation of Const. art. 3. § 7.-Swift v. Commonwealth, 106 A. 232. p. 479) § 6, exempting from taxation all mausoleums, vaults, crypts, or structures intended to hold or contain bodies of the dead, a matter in 85(1) (Pa.) Const. art. 1, § 11, authorizing no way indicated in or germane to its title, is suits against commonwealth in such cases as unconstitutional.-Borough of Totowa v. State Legislature may by law direct, and article 3, Board of Taxes and Assessments, 106 A. 18. § 7, forbidding special laws regulating practice 121(7) (Pa.) Title to Act July 11, 1917 (P. and changing rules of evidence, do not waive L. 818), being sufficiently comprehensive to give the commonwealth's sovereign right to immuni- notice of intent to deal with taxing or licensing ty from suit, except as a result of general acts dogs, which repeals existing laws, required of assembly.-Collins v. Commonwealth, 106 A. no express mention of a provision for a dif229. ferent disposition of dog taxes collected under the existing law and on hand at the time of its passage; that being one of the incidents of its enforcement.-Commonwealth v. Friebertshauser, 106 A. 204. Const. art. 1, § 26, providing that everything in the article is excepted out of the general powers of the government, while rendering preceding section of the article inviolate so far as Act July 11, 1917 (P. L. 818), complete in itself and intended to create a new system of licensing dogs and the disposition of taxes, need not contain in its title notice of intention to repeal earlier laws on the same subject, as such repeal on the same general subject is always germane to the title.-Id. VI. CONSTRUCTION AND OPERA TION. 181(1) (Pa.) The cardinal rule in construing any statute is to ascertain the legislative intent that effect may be given to it.-In re Reel's Estate, 106 A. 227. 183 (N.J.) In construing a statute, where literal interpretation may lead to absurd results, resort may be had to the principle that the spirit of the law controls the letter.-Jensen v. F. W. Woolworth Co., 106 A. S08. 184 (Pa.) A statute should not be so construed as to destroy or impair the right it expressly confers.-City of Pittsburgh v. Pittsburgh & L. E. R. Co., 106 A. 724. 1,206 (Pa.) The court must so construe an act as to give effect to all of the words.-McCarl v. Borough of Houston, 106 A. 104. (A) General Rules of Construction. 178 (Me.) Under Rev. St. c. 1, § 6, par. as to construction of statutes, in construing Workmen's Compensation Act, words are to be interpreted in sense in which they are commonly understood, according to common meaning of language, taking into consideration the context and subject-matter relative to which they are employed.-In re Merchant's Case, 106 A. 117. 179 (Pa.) The Legislature, in passing an act, may declare its meaning and construction, which declaration is binding on the courts.Commonwealth v. Fulton, 106 A. 636. 209 N.J.Sup.) Where a word or phrase occurs more than once in a statute, it should generally be given the same meaning throughout, unless there is clear indication to the contrary.-Waldron v. Rowe, 106 A. 212. 219 (Md.) Unvarying construction for more than 20 years of a tax statute by the officials charged with its enforcement should not be disregarded except on the most imperious grounds. -Hess v. Westminster Sav. Bank, 106 A. 263. 983 INDEX-DIGEST Statutes Construed For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER 1918, ch. 122, § 8. 1918, chs. 306, 354. 274 10 1907, pp. 496, 497, 499, §§ 1907, p. 705. 212 1911, p. 599. 246 NEW HAMPSHIRE. 1908, pp. 107, 108, §§ 1, 2 219 1911, p. 607.. 107 1909, p. 137.. 421 1911, p. 614, § 10. 107 PUBLIC STATUTES 1901. 1911, p. 61... 405 1911, p. 798. 798 1911, p. 134. 808 1913, p. 216. 235 1911, p. 134. Amended by Ch. 217, §§ 3, 4. 306 1913, p. 219, § 16. 235 Laws 1913, p. 309... 362 Ch. 224, 16. 283, 499 1913, p. 418.. 540 1911, p. 143, § 2, par. 21. 1915, p. 393, § 9. 637 Ch. 224, § 17. 499 Amended by Laws 1913, 1915, p. 483., 351 Ch. 278, § 7. 491 p. 309, § 6... 808 1915, p. 487, § 21. 351 1911, pp. 377, 380, §§ 16c, LAWS. 1915, p. 736. 17h 414 104, 192, 194, 202, 788 1911, p. 544. 393 1907, ch. 124, § 1.. 488 1911, p. 756. 24 1915, p. 736, §§ 103, 104, 1911, ch. 133, § 19.. 491 1912, p. 396. 381 106 104 80 1915, ch. 115... 225 1912, pp. 593, 809. 219 1915, p. 738, § 301. 1915, ch. 119. 483 1913, p. 309.. 362 63, 85, 192, 196 1913, p. 309, § 6.. 808 1915, p. 742, § 306. 202 1914, p. 203. 219 NEW JERSEY. 1915, p. 753, § 420. 788 1914, p. 267. 412 1915, pp. 185, 186, §§ 7, 9 547 1915, p. 753, § 421. 192 1917, p. 86.. 232 1910. 1915, p. 285, § 1. 460 1917, p. 159. 229 1915, p. 285, § 12, subsec. 1917, p. 447. 227 Volume 1. 2 460 1917, p. 476, § 14. 227 380 Page 445, § 91. 375 1915, p. 470. 213 1917, p. 489, § 23. 789 Page 964, 1376.. 212 1916, p. 321. 1917, p. 818.. 201 19 1916, p. 479. § 6. 18 Volume 2. 1916, p. 525. 1916, p. 576.. 385 Page 1547, § 39. Amended 1917, p. 801, § 107. 385 CONSTITUTION. by Laws 1918, p. 119... 19 1917, p. 803.. 219 Page 1638, § 63 et seq... 449 1918, p. 14.. .25, 463 Page 1638, § 64.. 36 1918, p. 28, § 16. 463 Art. 9, § 1 155 Page 1650, § 83. 380 1918, p. 32. § 25. Page 1779, 106. 1918, 416 p. 119. 465 Art. 11, § 11. 155 19 Page 1834, § 44. 23 1918, p. 130, § 2. Page 2003, § 167. 816 1918, p. 437.. 25 Page 2074, § 7. 463 Chs. 8, 10. 155 Page 2618, §§ 12, 15. 30 Page 2633, 19..... 453 Page 2781, §1.. 453 Page 2850, §§ 38, 39.. 545 PENNSYLVANIA. CONSTITUTION. Art. 1, § 11...... .229, 238 Ch. 46, § 12.. 292 Ch. 46, § 13. 292, 438 Ch. 46, § 14. 292 Ch. 200, §§ 30, 31. 290 Volume 3. Art. 1, § 26... 229 Ch. 247, § 3. 801 Art. 3, $7. 229, 232, 235 Ch. 254, § 11. 149 Art. 3, § 21. 238 Ch. 257, § 1 739 Page 3006, § 81. 393 Art. 16, $ 3.. 238 Ch. 273, § 15. 291 Page 3172, §§ 28, 29. 141 Art. 16, § 5. 107 Ch. 283, § 13. 292 Page 3222 821 Art. 16, § 8.... 238 Ch. 326 305 Page 3226, § 5. 371 Ch. 326, §§ 1, 12.. 305 Page 3741, § 52. Page 3749, § 124. 22 LAWS. Page 3854, § 118. 364 VERMONT. Page 3860, § 129. 474 (Thirteenth Edition.) Page 3924, § 1. § 1561 438 Page 4508, par. 203..... 583 724 Page 4531, pars. 279, 280 219 1853, p. 503. 317 S$ 1936, 1944. 653 Page 5404, § 10.. 423 1853, p. 507, § 9. § 2146 559 94 Pages 5571, 5578, 5585, §§ 4, 17, 32. 1887, p. 159, § 5. 2255 519 98 215 1887, p. 159, § 5e. 110 $82274-2276, 3571, 3600.. 562 1889, p. 10. Amended by $$ 4452, 4453.. 583 LAWS. Laws 1903, p. 212... § 4651 585 716 1873, p. 322, § 18.. 212 1889, p. 173.. 724 1881, p. 47.. 1888, p. 405. 212 1891, p. 101. 107 219 1895, p. 135. 238 1898, p. 155. 145 1895, p. 243. .64, 300 1898, p. 618, § 167. 1899, p. 373, § 4. 1903, p. 435, § 64. 1904, p. 152. 1904, p. 152, par. 3. 816 1895, p. 247. 540 203 80 716 $$ 6858, 6859, 7184...... 561 CITY CHARTERS. Burlington, § 53, subsec. 44. Laws 1896, No. 148 513 233 1896, No. 148, § 53, sub sec. 44. LAWS. 513 1904, p. 344, § 4. 405 1907, p. 485, § 6. Amend ed by Laws 1911, p. 61.. 405 1905, p. 352, § 11 639 1902, No. 213. 513 636 1910, No. 141. 834 203 1917, No. 136, § 2. 585 |