59 (Iowa) Where the evidence was sufficient | I. RIGHT OF ACTION AND DEFENSES. to prove rape, the submission of the included offenses of assault with intent to rape, assault and battery, and simple assault held not erroneous.-State v. Vochoski, 150 N. W. 53. On instruction to find the probability or improbability of the story of the prosecutrix and whether defendants or either of them committed the crime, the use of the words "her story" was not erroneous, in making that the question, instead of the probability or improbability of defendants' guilt.-Id. See Carriers, § 12. RATE. RATIFICATION. formed where there has been an actual agree§ 16 (Minn.) A written contract may be re ment on terms which the writing fails to express, because of mutual mistake or mistake on the other.-Barnum v. White, 150 N. W. 227. one side and fraud or inequitable conduct on A contract may be reformed where, though the parties used the words intended, they express a meaning, differing from that intended, provided the mistake was mutual or there was mistake on one side or fraud and inequitable conduct on the other, but not otherwise.-Id. § 16 (Neb.) A surety bond may be reformed as to a provision inserted by fraud, mutual mistake, or inadvertence.-Sailling v. Morrell, 150 N. W. 195. See Principal and Agent, §§ 171, 173; Towns, g will authorize reformation of contracts.-Good 39. REAL ACTIONS. See Ejectment; Partition. RECEIVERS. See Parties, § 59. IV. MANAGEMENT AND DISPOSI- (D) Sale and Conveyance or Redelivery § 145 (Wis.) Under a trust deed, held, that interest demands were entitled to no priority of payment out of the fund realized from a receiver's sale of the security.-First Savings & Trust Co. v. Cazenovia & S. C. R. Co., 150 N. W. 405. V. ALLOWANCE AND PAYMENT OF CLAIMS. $18 (Iowa) Rule stated as to what mistakes Milking Mach. Co. v. Galloway, 150 N. W. 710. Reformation of a contract so as to give the right of terminating it under certain conditions to each of the parties held not reformation for mistake of law as to its legal effect.-Id. II. PROCEEDINGS AND RELIEF. and satisfactory to authorize the reformation of Evidence held to show that the written contract for the sale of plaintiff's machines by defendants failed to express their real agreement that either party should have the right to terminate the contract under certain circumstances. § 149 (Wis.) The petitioner for an allowance by a receiver for services to the insolvent must-Id. show performance under his contract.-First Savings & Trust Co. v. Cazenovia & S. C. R. Co., 150 N. W. 405. RECEPTION OF EVIDENCE. See Criminal Law, §§ 678–681. RECORDS. ing a written contract on oral testimony, the $45 (Minn.) To justify the court in reformproof must be clear and convincing.-Barnum v. White, 150 N. W. 227. See Records. REGISTRATION. See Appeal and Error, 88 544-694; Corpora- § 9 (Minn.) Evidence held to sustain a finding that the tax certificates and deed relied on by applicant for registration were derived from dealings under a written contract between applicant's grantor and two other persons in the name of a third.-In re Midway Realty Co., 150 N. W. 615. Evidence held to sustain a finding that the person who negotiated with the city to sell certain land was authorized by the others interested therein to make the deal.-Id. In proceedings to register title, reception in evidence of written preliminary proposition for the sale of lands held harmless, even if error. -Id. RECOUNT. See Elections, §§ 236, 260. REDEMPTION. § 55 (Mich.) In an action against a carrier for the negligent death of an express messenger, the defendant had the burden of showing a release applicable to the employment in which he was engaged at his death.-Cottrell v. Michigan United Traction Co., 150 N. W. 857. RELIGIOUS SOCIETIES. §11 (N.D.) Withdrawal of a congregation from a synod held complete under the form of church government on passage of a resolution and due notice thereof to the president of the synod.-Gudmundson v. Thingvalla Lutheran See Mortgages, §§ 591-615; Taxation, §§ 704, Church, 150 N. W. 750. 708. REDUCTION. See Appeal and Error, § 221. REFORMATION OF INSTRUMENTS. See Action, § 38; Cancellation of Instruments. $23 (N.D.) Where the majority of a congregation perfected a withdrawal from the synod. held, that subsequent ex parte proceedings of the synodical convention, declaring the minority to be the true congregation, were without jurisdiction and did not vest the minority with title to the church property.-Gudmundson v. Thing valla Lutheran Church, 150 N. W. 750. § 23 (Wis.) Under constitution of a religious society, held, that a majority division had the REPUTATION. REQUESTS. right to convene upon reasonable notice, or all See Bastards, § 61. RESCISSION. See Cancellation of Instruments. § 24 (Wis.) Where the minority members were out of possession of property which had been conveyed to defendant by the majority members, it was proper for them to sue for See Criminal Law, § 366; Evidence, §§ 121, equitable relief.-Lutheran Trefoldighed Congregation of Neenah v. St. Paul's English Evangelical Lutheran Congregation of Neenah, 150 N. W. 190. 123. RES JUDICATA. See Judgment, §§ 570-721. RESULTING TRUSTS. $25 (N.D.) In an action by the minority of a congregation against the majority to recover church property on the ground that plaintiffs See Trusts, §§ 86-89. were the true congregation, held, that a resolution and record of ex parte proceedings had by the church synod without jurisdiction were im properly admitted in evidence.-Gudmundson v. See Process, § 149. RETURN. Thingvalla Lutheran Church, 150 N. W. 750. REVENUE. REVERSAL. Evidence, in an action by the minority of a congregation against the majority to recover church property, held insufficient to warrant find- See Taxation. REMAINDERS. See Homestead, § 149; Wills, § 622. See Appeal and Error, §§ 1171-1180. REVIEW. § 10 (S.D.) Under Civ. Code, §§ 236, 237, a See Appeal and Error; Certiorari. remainder after a life estate granted on condition is not, as at common law, defeated upon the forefeiture of the life estate before the life REVOCATION. tenant's death.-In re Merrigan's Estate, 150 See Trusts, § 59. N. W. 285. § 17 (Iowa) The right of action of remaindermen accrues at the death of the life tenant.Woodford v. Glass, 150 N. W. 69. RENT. See Landlord and Tenant, §§ 194-254. REPEAL. See Statutes, §§ 158-170. REPLEVIN. I. RIGHT OF ACTION AND DEFENSES. § 16 (Minn.) Replevin does not lie against a joint owner of a chattel.-Wilkes v. Holmes, 150 N. W. 1098. REPLY. See Pleading, § 177. REPUDIATION. See Principal and Agent, § 161. RISKS. Assumption of, see Master and Servant, §§ 204-226, 288. See Highways. ROADS. ROBBERY. § 24. Evidence held to sustain a conviction of robbery. -(Minn.) State v. Flockey, 150 N. W. 168; RULE IN SHELLEY'S CASE. SALES. See Corporations, § 560; Exchange of Proper- I. REQUISITES AND VALIDITY OF 83 (Wis.) Agreement and transaction between an automobile company and dealer whereby the company shipped a new part to the dealer, who, on installing it in a customer's machine, was to return the old part, held an exchange and not a sale. Studebaker Corporation of America v. Gollmar, 150 N. W. 442. § 23 (Minn.) Where an offer to buy requires acceptance, it must be accepted within a reasonable time.-S. F. Bowser & Co. v. Fountain, 150 N. W. 795. An offer to buy, not accepted for 30 days, held not within a reasonable time.-Id. For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and section (§) NUMBER § 32 (Wis.) Letters held to constitute a contract whereby defendant agreed to furnish specified lumber under the same terms as a prior contract, and in addition the full sawing of the mill on the specified lumber under the same terms.-Webster Mfg. Co. v. Montreal River Lumber Co., 150 N. W. 409. § 35 (Wis.) That a contract of sale gave the buyer the right to pay the entire price before expiration of the limit given to make full payment did not render the contract unfair.-McMillen v. Strange, 150 N. W. 434. picture show held sold with an implied warranty that they were suitable for the work.-George E. Pew Co. v. Karley & Titsenor, 150 N. W. 12. $ 284 (Wis.) Warranty of automobile for one year held not broken, the sellers having remedied any want of power when brought to their attention, and made all repairs required by the warranty.-Jones v. Keefe, 150 N. W. 954. § 288 (Mich.) Where a buyer of paper, after knowledge of conditions as to weight which he claimed amounted to breach of warranty, accepted the paper and used it, he could not recover damages for breach of warranty.-Che A contention that the seller was not represented by an attorney held not to permit h to rescind the contract, where it appeared that the boygan Paper Co. v. Eichberg, 150 N. W. 312. attorney selected by agreement acted with the utmost fairness.-Id. III. MODIFICATION OR RESCISSION OF CONTRACT. (A) By Agreement of Parties, § 92 (Mich.) In an action for the balance due under contracts for the sale of paper, held, that there was no mutual release of liability.-Cheboygan Paper Co. v. Eichberg, 150 N. W. 312. (B) Rescission by Seller. § 96 (Minn.) A contract to sell goods as ordered, but for no fixed period, is terminable at will of either party, without liability for damages.-Victor Talking Mach. Co. v. Lucker, 150 N. W. 790. IV. PERFORMANCE OF CONTRACT. (C) Delivery and Acceptance of Goods. § 166 (Mich.) A seller's delivery of paper, not complying with the terms of the contract of sale, imposed no obligation on the buyer to receive and pay therefor.-Cheboygan Paper Co. v. Eichberg, 150 N. W. 312. 81682 (Iowa) Though machinery was installed in defendants' building on foundation laid for that purpose, held, that there was no delivery or acceptance where the conduct of the parties indicated that the sale was to become complete only upon demonstration of the machinery's suitableness for the intended purpose. -George E. Pew Co. v. Karley & Titsenor, 150 N. W. 12. § 178 (Neb.) Acts of a buyer, in using as his Own the property bought, may constitute a withdrawal of his rejected offer to return the property to the seller.-Aegerter v. Ronspies, 150 N. W. 1019. § 181 (Iowa) Evidence held insufficient to show that failure of a machine to do good work was due to the unskillful or improper use thereof by defendants. George E. Pew Co. v. Karley & Titsenor, 150 N. W. 12. VI. WARRANTIES. § 261 (Mich.) In a sale of goods by descrip: tion of the quality, and not for the purpose of identification, there is an express warranty that they shall answer the description.-Cheboygan Paper Co. v. Eichberg, 150 N. W. 312. VII. REMEDIES OF SELLER. (E) Actions for Price or Value. 8340 (Wis.) A sale contract providing that it should become "void" on the buyer's default gave the seller an option to declare the contract void in case of default or to enforce it.-MeMillen v. Strange, 150 N. W. 434. § 359 (Wis.) Plaintiff, in an action for the price of logs sold, where the quantity was in White Star Lumber Co., 150 N. W. 443. issue, had the burden of establishing his case by a fair preponderance of the evidence.-Olson v. VIII. REMEDIES OF BUYER. (D) Actions and Counterclaims for Breach of Warranty. § 10 (Minn.) The commission charter of the city of St. Paul adopted in 1912, sustained as against the contention that its educational features contravene Const. art. 8, §§ 1, 3, relating to the establishment and maintenance of a uniform system of public schools.-State v. City of St. Paul, 150 Ñ. W. 389. (C) Government, Officers, and District Meetings. for the erection of a school building, and re§ 62 (Neb.) Where school trustees contract quire a bond which they deem sufficient, they are not individually liable to a mechanic or laborer, though the bond is not conditioned in the exact terms of Cobbey's Ann. St. 1911, § 7117. -Sailling v. Morrell, 150 N. W. 195. That a laborer may hold school trustees liable for taking a bond not conditioned in the exact terms of Cobbey's Ann. St. 1911, § 7117, he must prove that the action of the trustees was willfully wrong.-Id. § 63 (Wis.) Under St. 1913, §§ 431, 443, & school district clerk holds over where there is no lawful election of a successor at the annual school meeting.-State v. Feuerstein, 150 N. W. 486. (D) District Property, Contracts, and Liabilities. § 273 (Iowa) Engine and dynamo installed to § 78 (Mich.) School districts are municipal furnish light and power for defendants' moving corporations, and, under How. Ann. St. 1912, § 9873, may be contracted with.-WatermanWaterbury Co. v. School Dist. No. 4 of Cato Tp., 150 N. W. 104. See Drains. SEWERS. SHELLEY'S CASE. § 86 (Mich.) Plaintiff's remedy for the recovery of the price of a heating plant sold a school district held to be assumpsit.-Waterman-Water- See Deeds, § 128. bury Co. v. School Dist. No. 4 of Cato Tp., 150 N. W. 104. (E) District Debt, Securities, and Taxa tion. § 91 (S.D.) Educational Code 1907, art. 9, is a special act governing bond elections for school purposes in cities of the first class, and is not amended by Laws 1911, c. 133, applying to all school districts and bond elections.-Sanders v. Independent School Dist. of City of Sioux Falls, 150 N. W. 473. SHERIFFS AND CONSTABLES. II. COMPENSATION. $74 (N.D.) Under Comp. Laws 1913, § 3514, subd. 34, neither a sheriff nor his assignee can sue for expenses for taking and preserving attached property, until the court has approved the items thereof.-First Nat. Bank v. Simmons Hardware Co., 150 N. W. 270. SIGNALS. Educational Code 1907, art. 9, § 164, goyerning bond elections for school purposes in cities of the first class, is not repealed by Laws See Railroads, § 346. 1913, c. 119, providing for the incorporation of cities under commission.-Id. SIGNATURES. (F) Claims Against District, and Actions. See Evidence, § 387. § 114 (Mich.) School districts are municipal corporations, and, under How. Ann. St. 1912, SLANDER. § 9873, may be sued.-Waterman-Waterbury Co. See Libel and Slander. (H) Pupils, and Conduct and Discipline of Schools. SPECIFIC PERFORMANCE. See Principal and Agent, § 75. $159 (Iowa) A resident school district, main-I. taining, under Code Supp. 1907, tit. 13, c. 12, §§ 2728-2733a, a county high school with a fouryear course, "offers" a four-year high school course, within Act 34th Gen. Assem. c. 146, so that a parent was liable for tuition of children sent to an adjoining district.-Independent School Dist. of Stuart v. Carter, 150 N. W. 445. SECONDARY EVIDENCE. See Evidence, §§ 157-181. SEDUCTION. See Breach of Marriage Promise, § 22. I. CIVIL LIABILITY. 85 (Wis.) Where plaintiff willingly yielded her person because of defendant's marriage promise, there was a seduction.-Falkner v. Schultz, 150 N. W. 424. SERVANTS. See Master and Servant. SERVICE. See Process, §§ 65, 145. SERVICES. See Work and Labor, §§ 7, 11. SET-OFF AND COUNTERCLAIM. See Appeal and Error, §§ 916, 1171; Contracts, § 328; Pleading, § 142. II. SUBJECT-MATTER. § 41 (Neb.) A counterclaim for damages to the rolling stock of a railway company by the negligent act of the driver of an automobile cannot be asserted against the beneficiaries in an action under Lord Campbell's Act.-Craig v. Chicago, St. P., M. & O. Ry. Co., 150 N. W. 648. SETTLEMENT. See Compromise and Settlement. NATURE AND GROUNDS OF REM EDY IN GENERAL. §6 (Minn.) Complainant having elected to enforce defendant's contract to repurchase certain corporate stock, and having tendered the same, that the contract was lacking in mutuality of remedy did not deprive the court of power to decree specific performance.-First Nat. Bank of Hastings v. Corporation Securities Co., 150 N. W. 1084. Mutuality of remedy is not the sole test of specific enforceability of a contract, and is not always essential thereto.-Id. II. CONTRACTS ENFORCEABLE. § 28 (Mich.) A contract for a lease, providing for an option to the lessee to purchase, held not uncertain for failure to define the terms.Bushman v. Faltis, 150 N. W. 848. A contract for a lease, certain as to time, parties, description, rent, payment, etc., held not so uncertain as to deprive the lessee of his right to specific performance because it did not specify other and different covenants.-Id. § 30 (Mich.) A contract to lease, providing a certain amount of rent per year, required payment at the end of the period, and was therefore not too uncertain for specific performance because it did not specifically state when the rent was to be due.-Bushman v. Faltis, 150 N. W. 848. It could not be rendered uncertain, so as to deprive the lessee of his right to specific performance, by drafts of a lease indicating that payment was to be made monthly.-Id. § 70 (Minn.) A contract to purchase corporate where the difficulty of ascertaining the value stock may be specifically enforced by the seller, of the stock renders the remedy at law inadequate.-First Nat. Bank of Hastings v. Corporation Securities Co., 150 N. W. 1084. § 74 (Minn.) Specific performance of a parol agreement to construct a tile drainage system could not be enforced.-Schuette v. Sutter, 150 N. W. 622. and thus avoid personal responsibility.-Bushman v. Faltis, 150 N. W. 848. IV. PROCEEDINGS AND RELIEF. § 121 (Minn.) Evidence held to sustain a finding that a written option to purchase land was modified by parol and the parol agreement acted on, so as to warrant specific enforcement thereof.-Murphy v. Anderson, 150 N. W. 387. § 121 (Minn.) Evidence held to warrant finding that the value of certain corporate stock was so uncertain as to warrant specific performance of a contract to purchase it.-First Nat. Bank of Hastings v. Corporation Securities Co., 150 N. W. 1084. a $121 (N.D.) Evidence, in an action to enforce specific performance of a contract to sell realty, held to sustain a judgment for plaintiff.-Ketchum v. Zeeland Mercantile Co., 150 N. W. 453. STARE DECISIS. See Courts, §§ 97, 107. STATES. II. GOVERNMENT AND OFFICERS. § 68 (N.D.) "State auditor" defined.-State v. Jorgenson, 150 N. W. 565. $75 (N.D.) The state auditor held not relieved from crediting the treasurer with warrants drawn by the hail insurance commissioner under Laws 1911, c. 23, and paid by the treasurer on the ground that the hail insurance fund is not a state fund.-State v. Jorgenson, 150 N. W. 565. The state treasurer is the custodian of the hail insurance fund for those who contributed to it.-Id. Where the state auditor had undertaken to keep a record of the hail insurance fund and made charges against the treasurer, he must complete his undertaking by crediting the amount of vouchers exhibited to him.-Id. IV. FISCAL MANAGEMENT, PUBLIC DEBT, AND SECURITIES. § 127 (Wis.) Under Laws 1903, c. 68, as amended (St. 1913, §§ 1978a-1978c), as to state insurance of state property, property is insured only on certification by the insurance commissioner to the state treasurer of it being insured in the manner specified.-State v. Ekern, 150 N. W. 506. § 137 (N.D.) The duty of the auditor to draw warrants may be placed on any other suitable person or official as to any fund in the treasurer's hands, which is not a state fund.-State v. Jorgenson, 150 N. W. 565. STATUTES. For statutes relating to particular subjects, see the various specific topics. I. ENACTMENT, REQUISITES, AND VALIDITY IN GENERAL. § 58 (Wis.) The court, on finding that a statute cannot be given a meaning which will render it valid, should declare it void for uncertainty or unconstitutionality.-State v. State Board of Canvassers, 150 N. W. 542; Same v. Board of Canvassers of Milwaukee County, Id. 554. $63 (Wis.) Laws 1911, c. 337 (St. 1911, § 1317m4, subd. 3), relating to the duties of a town supervisor, being unconstitutional, his duties remain as defined by existing valid laws.State v. Goodland, 150 N. W. 488. § 64 (Wis.) If invalid or indefinite parts of an act were not so far the inducement therefor that the Legislature would probably not have enacted the balance by itself, the rest of the act is valid.-State v. State Board of Canvassers, 150 N. W. 542; Same v. Board of Canvassers of Milwaukee County, Id. 554. § 93 (Mich.) In view of Pub. Acts 1907 (Ex. Sess.) No. 6, Pub. Acts 1913, No. 115, fixing the salary of county agents of the board of corrections and charities in counties of over 150,000 inhabitants, is not a special law, in viola tion of Const. art. 5, § 30.-Hayes v. Auditor General, 150 N. W. 331. 162, as amended by Laws 1911, c. 139, author§ 96 (S.D.) Laws 1907, c. 135, art. 9, §§ 161, izing the issuance of bonds by independent school districts, does not violate Const. art. 10, 8.1-Sanders v. Independent School Dist. of City of Sioux Falls, 150 N. W. 473. III. SUBJECTS AND TITLES OF ACTS. $1102 (Mich.) Pub. Acts 1907, No. 122, entitled an act relative to gifts for religious, educational, charitable, and benevolent purposes, held by an equally divided court to sufficiently express the object of the act in the title.-Loomis v. Mack, 150 N. W. 370. ing limitations on the time for bringing suit for § 117 (Minn.) Gen. St. 1913, § 5302, removtrespass on state lands, held not violative of Const. art. 4, § 27.-State v. Brooks-Scanlon Lumber Co., 150 N. W. 912. § 121 (Minn.) The inheritance tax statute as amended in 1911 (Laws 1911, c. 209) does not infringe the constitutional provision relative to title and subject-matter.-State v. Probate Court of St. Louis County, 150 N. W. 1094. V. REPEAL, SUSPENSION, EXPIRATION, AND REVIVAL. § 158 (N.D.) Implied repeals are not favored. $37 (Mich.) In view of the word "concur-Sargent County v. Sweetman, 150 N. W. 876. red," held, legislative journals showed, as regards Pub. Acts 1905, No. 264, that words struck from the bill by the Senate had been inserted by it after the bill came from the House. City of Lansing v. Michigan Power Co., 150 N. W. 250. § 159 (N.D.) For a statute to be repealed by implication, there must be such a clear repugnance between the new and the old statute that both cannot stand.-Sargent County v. Sweetman, 150 N. W. 876. § 159 (Wis.) A statute in irreconcilable con§ 47 (Wis.) An act so uncertain that the in-flict with existing statutes is presumed intendtent cannot be ascertained with any reasonable degree of certainty, or so incomplete that it cannot be executed, is void.-State v. State Board of Canvassers, 150 N. W. 542; Same v. Board of Canvassers of Milwaukee County, Id. 554. § 47 (Wis.) St. 1913, § 1494-57, requiring spark arresters and practicable devices to prevent the escape of fire from ash pans or fire boxes on agricultural engines, held not void for uncertainty.-Legro v. Carley, 150 N. W. 985. ed to repeal or modify the earlier law, but not if this would produce fatal uncertainty.-State v. State Board of Canvassers, 150 N. W. 542; Same v. Board of Canvassers of Milwaukee County, Id. 554. § 170 (N.D.) The incorporation of Laws 1889, c. 42, § 6, and Laws 1891, c. 53, in the Revised Code of 1895, held not to operate as a re-enactment of the 1889 law, which was impliedly repealed by the 1891 law.-Sargent County v. Cooper, 150 N. W. 878. |