Where the question of delivery and the pass- | so that he could recover only the difference be-
ing of title in a sale of chattels is to be de- tween the contract price and market value.-
termined by the intention of the parties, such Hamilton v. Finnegan (Iowa) 1039.
intention is a question of fact for the jury.-
Clark v. Shannon & Mott Co. (Iowa) 923.
In an action by a buyer to recover a stock
of goods sold, the question whether there had
been a delivery and a completed sale was for
the jury.-Clark v. Shannon & Mott Co. (Iowa)
923.
Where a stock of goods was sold, an instruc-
tion in an action by the buyer to recover the
goods that the jury might find a delivery,
though the seller still retained the keys of the
building, held proper.-Clark v. Shannon &
Mott Co. (Iowa) 923.
A seller of 51 shares of stock, which the pur-
chaser refused to take, held not to be in a posi-
tion to recover purchase price; he bringing into
court one certificate of 56 shares.-Hamilton v.
Finnegan (Iowa) 1039.
A letter held not only to indicate an election
to sell personalty, but to constitute a tender,
within Code, § 3061.-Hamilton v. Finnegan
(Iowa) 1039.
Stipulation in contract of sale of iron ore that
the vendor should not be liable if delivery was
prevented or obstructed by hindrances, etc.,
held not to include difficulty in obtaining la-
borers at usual prices.-Thomas Iron Co. v.
Jackson Iron Co. (Mich.) 137.
In an action on a contract of sale, evidence
held to show that defendant was liable for a
balance of the purchase price less certain re-
coupments for breach of the contract.-Bice v.
Walker (Mich.) 128.
In an action for the price of goods sold, alle-
gation in answer held an admission of the sale
and delivery and a plea of payment.-Ketel-
man v. Chicago Brush Co. (Neb.) 282.
where the vendor only partially complies with
In a suit to recover the price of goods,
agreement to advertise goods, held error to
instruct that plaintiff cannot recover any-
thing for the goods.-Silurian Mineral Spring
Co. v. Kuhn (Neb.) 508.
sold, where defendant sought to recoup for de-
In an action to recover the price of books
fects, plaintiff could recover only by a complete
performance of the contract. International
Soc. v. Hildreth (N. D.) 70.
Plaintiffs in claim and delivery for a ma-
chine sold to defendants held not estopped by
conduct of agent.-J. I. Case Threshing Mach.
Co. v. Eichinger (S. D.) 82.
Under Comp. Laws, § 4590, the measure of
damages for the refusal of a buyer to accept
personal property, the title to which is vested
in lien under section 3258, by tender by the
Under a contract for sale for cash on deliv-seller, is the contract price.-Dowagiac Mfg.
ery, the provision for cash payment may be Co. v. Higinbotham (S. Ď.) 330.
waived by the conduct of the seller.--Witte
v. Reilly (N. D.) 42.
Whether there has been a waiver of the con-
ditions of a contract of sale for cash on deliv-
ery by an apparently unconditional delivery is
to be determined from all the facts of the
case.-Witte v. Reilly (N. D.) 42.
An unconditional delivery of property to a
carrier under a contract of sale for cash on
delivery is a delivery to the purchaser.-Witte
v. Reilly (N. D.) 42.
On claim and delivery for a machine by the
seller against the purchaser, held, that there
had been no delivery.-J. I. Case Threshing
Mach. Co. v. Eichinger (S. D.) 82.
A machine not having been delivered by
the seller the purchaser held not entitled to com-
pensation for the use of the machine for the
time it was held by the sheriff under claim and
delivery by the seller.-J. I. Case Threshing
Mach. Co. v. Eichinger (S. D.) 82.
§ 4. Operation and effect.
In an action for the price of goods sold by
sample, evidence that a former shipment sold
by the same sample was inferior to the sample
held inadmissible. - Cook v. Sheehan (S. D.)
452.
§ 7. Remedies of buyer.
nished friendly assistance to remedy defects, as
Whether the purchaser of a thresher fur-
required by contract of sale, held a question for
jury.-Zimmerman v. Robinson (Iowa) 918.
instruction that, if such ore was not obtainable
In action for nondelivery of iron ore sold, an
on the market at the time of breach, the dam-
ages were the increased expense to the purchas-
er occasioned by using another kind of ore,
held correct.-Thomas Iron Co. v. Jackson Iron
Co. (Mich.) 137.
certain aspect rested entirely on the proof ad-
Comment by the court that the case in a
duced by the plaintiff held not erroneous.-
Thomas Iron Co. v. Jackson Iron Co. (Mich.)
137.
Under Comp. Laws, § 3258, where a buyer Where a vendor refused to deliver goods ac-
without excuse refuses to accept personal prop-cording to a contract, the vendee may recover
erty properly tendered him by the seller, the as damages the difference between the contract
title passes to the buyer as if he had accepted price and the market value of the property
it.-Dowagiac Mfg. Co. v. Higinbotham (S. D.) at the time and place of delivery.-Coxe v.
Anoka Waterworks, Electric Light & Power
Co. (Minn.) 265.
On the return of goods which do not con-
form to the warranty contained in the contract
of sale, vendee may recover such damages as
may reasonably be supposed to have been in
contemplation of the parties, when the contract
breach of contract.-Punteney-Mitchell Mfg. Co.
was made, as the probable consequences of the
v. T. G. Northwall Co. (Neb.) 863.
In an action for the purchase price of goods,
where defendant claims a breach of warranty,
it is error to instruct the jury that the measure
of damages is the difference between the agreed
price and the real value of the goods actually
delivered.-Punteney-Mitchell Mfg. Co. v. T. G.
Northwall Co. (Neb.) 863.
Where goods were bought for resale, and this
fact is known to the vendor, and vendee, before
discovering the defects, sells them to his cus-
tomers who reject them because of such defects,
the reasonable expenses incurred in making such
abortive sales and in returning the goods are
proper elements of damage.-Punteney-Mitchell
Mfg. Co. v. T. G. Northwall Co. (Neb.) 863.
Where one who purchased books of a particu-
lar description accepts books which do not com-
ply with the contract, his remedy is by an ac-
tion for breach of contract.-International Soc.
v. Hildreth (N. D.) 70.
In an action for the price of personalty,
where defendant alleged breach of warranty
as to value at date of sale, admission of evi-
Under Rev. St. 1898, § 4148, a school district
officer must furnish a certified copy of records
under his charge, whether or not the applicant
wishes the copy for use as evidence.-Musback
v. Schaefer (Wis.) 966.
Rev. St. 1898. § 4148, imposes a duty on a
school district officer to furnish a certified copy
of records under his charge.-Musback
Schaefer (Wis.) 966.
SECONDARY EVIDENCE.
dence of value at date of suit held prejudicial In civil actions, see "Evidence," § 4.
error.-Milwaukee Rice Machinery Co. v. Ha-
macek (Wis.) 1010.
On an issue as to whether a purchaser of
personalty bought in reliance on an alleged war-
ranty, questions asked the purchaser as to
whether he relied on his own judgment or on
the alleged representations were properly per-
mitted.-Milwaukee Rice Machinery Co.
Hamacek (Wis.) 1010.
§ 8. Conditional sales.
Creditor of purchaser under contract for
conditional sale held not entitled to retake the
property on attachment for failure of the pur-
chaser to file the contract of conditional sale
as required by Rev. Codes, § 4732.-Thompson
v. Armstrong (N. D.) 39.
§ 1. Criminal responsibility.
Evidence considered, and held sufficient to
support a conviction for seduction.-State v.
Maxwell (Iowa) 772.
On prosecution for seduction, evidence as to
commission of offense at time other than that
elected held not to warrant a conviction.-Peo-
ple v. Bressler (Mich.) 639.
permitting the state to rely on act committed
In a prosecution for seduction, an instruction
formation held error.-People v. Payne (Mich.)
at another time than that alleged in the in-
739.
In a prosecution for seduction, certain evi-
dence held erroneously admitted, but of such a
character that the court would not be inclined
to reverse, if there
no other error.-
People v. Payne (Mich.) 739.
Where an information for seduction charged
SCHOOLS AND SCHOOL DISTRICTS. the offense to have been committed on the 22d
Review of proceedings of school inspectors, see
"Certiorari," § 1.
of October, and on the trial the testimony
showed it to have been committed on September
22d, the subsequent admission of evidence of
other acts of sexual intercourse after Septem-
ber 22d was error.-People v. Payne (Mich.)
739.
1. Public schools.
Provision of Code, § 2746, as to notice of
annual meeting of voters of school district con-
taining propositions to be submitted, held man-
datory, and to extend to any proposition that,
under section 2749, they can consider.-Goerdt Of married women, see "Husband and Wife,"
v. Trumm (Iowa) 1067.
Failure to comply with Comp. Laws, § 4653,
requiring notice of a meeting of voters to con-
sider establishment of a school district, was a
jurisdictional defect, rendering the proceedings
void.-Huyser v. Township Boards of School In-
spectors (Mich.) 1020.
Notices of a meeting of voters to consider es-
tablishment of a school district held insufficient,
under Comp. Laws, § 4653.-Huyser v. Town-
ship Boards of School Inspectors (Mich.) 1020.
Rule of board of education of the city of
Minneapolis for creation of fund to provide an-
nuities for teachers incapacitated by long serv-
ice held unauthorized by law and void.-State
v. Rogers (Minn.) 430.
Gen. St. 1894, § 1558, as amended by Laws
1899, c. 117, limiting the tax levy for school
district purposes, does not apply to independent
school districts.-State v. Babcock (Minn.) 842.
The findings and orders of a superintendent
of public instruction in forming a new school
district held sufficient, if the record shows a
substantial compliance with the statute.-Bi-
art v. Myers (Neb.) 573.
Where the superintendent of public instruc-
tion fixed the time of hearing a petition for
the formation of a new school district for the
30th of October, a subsequent change to the
29th was not prejudicial, where made on the
same day of the order appointing the 30th.-
Biart v. Myers (Neb.) 573.
Under Const. art. 1, § 4. and article 8, § 11,
religious exercises in a public school in school
hours and in the presence of the pupils held to
be forbidden.-State v. Scheve (Neb.) 846.
SET-OFF AND COUNTERCLAIM.
§ 1. Nature and grounds of remedy.
the accrual of an alleged counterclaim operat-
A presumption that renewal of a note after
ed as a waiver of the counterclaim could not at-
tach, when it was expressly stipulated that the
renewal should be without prejudice to the
maker's right to insist on his counterclaim.—
First Nat. Bank v. Park (Iowa) 826.
§ 2. Subject-matter.
In an action for rent under a lease contain-
ing no express covenant for repair, defendant
cannot set up as a counterclaim damages from
negligence of landlord in not repairing roof.—
Kuhn v. Sol. Heavenrich Co. (Wis.) 994.
2. Powers, duties, and liabilities.
Where an order of sale and foreclosure has
been placed in the hands of a sheriff during
his term of office, he may execute such order
after the expiration of his term. National
Black River Bank v. Wall (Neb.) 525.
3. Liabilities on official bonds.
That a litigant against whom the sheriff
has collected illegal fees has a remedy by a
motion to retax costs does not deprive him
of his right to proceed against the sheriff and
his bondsmen, under Comp. St. c. 28, § 34,
to recover the $50 penalty therein provided.
O'Shea v. Kavanaugh (Neb.) 578.
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Where owners of a part interest in land con-
tract to sell the same on condition that the
owner of the remaining interest will also convey
his interest, and he refuses so to do, it is not
an abuse of discretion to refuse to decree spe-
cific performance of the agreement.-Hoctor-
Johnston Co. v. Billings (Neb.) 183.
Increase in value of land held no reason for
refusing specific enforcement of provision in con-
tract for sale of land to reconvey for a certain
sum when the purchaser concludes to resell.-
Peterson v. Chase (Wis.) 687.
2. Contracts enforceable.
Where a contract for the sale of land was
procured by the vendee's brother through de-
ceit, she was not equitably entitled to specific
performance.-Coryell v. Hotchkiss (Mich.) 162.
An oral agreement fairly made between a
son and his parents for their maintenance, on
consideration that he become vested on their
death with the family homestead, held enforce-
able in equity.-Teske v. Dittberner (Neb.) 181.
Specific performance of a contract will not
be decreed, where the agreement is not bind-
ing on the vendee.-Hoctor-Johnston Co. v.
Billings (Neb.) 183.
Complaint for specific performance of a con-
tract to buy land held insufficient.-Kennedy
▼. Parmelee (Neb.) 490.
Where land for right of way is conveyed to
a railroad company on condition that under
track crossings are built and maintained for
the convenience of the grantor, equity will de-
cree a specific performance, and not leave the
grantee to his action for damages.-Gloe v.
Chicago, R. I. & P. Ry. Co. (Neb.) 547.
3. Proceedings and relief.
A suit for specific performance may be
brought by the vendor in a court having juris-
diction of the property, or in one having juris-
diction of the person of the defendant only.-
Epperly v. Ferguson (Iowa) 816.
In an action to enforce specific performance
of a contract to convey land held inequitable
to require plaintiff to pay the balance of the
price into court before defendants give notice
that they will accept the money and deliver the
deed, or before judgment becomes irreversible
by affirmance or by lapse of time.-Lamprey v.
St. Paul & C. Ry. Co. (Minn.) 29.
In an action brought to compel specific per-
formance of a contract to maintain an un-
der track crossing, the tender of a certain
sum by defendant held an admission that the
contract had been made as claimed by plain-
tiff, so that defendant could not thereafter
complain that plaintiff's petition was defective,
or his evidence insufficient to establish the
contract.-Gloe v. Chicago, R. I. & P. Ry. Co.
(Neb.) 547.
SPEED.
Opinion evidence, see "Evidence," § 10.
SPIRITUOUS LIQUORS.
See "Intoxicating Liquors."
Revenue stamps or contracts, see "Contracts,"
§ 1.
By witness inconsistent with testimony, see
"Witnesses," § 3.
Of case or facts for purpose of review, see
"Appeal and Error," § 10.
Courts, see "Courts."
§ 1. Government and officers.
Comp. St. 1901, c. 33, creating a food com-
mission and commissioner, held not in violation
of Const. art. 5, § 26, declaring that no other
executive state office shall be created.-Merrill
v. State (Neb.) 418.
§ 2. Fiscal management, public debt,
and securities.
That the construction of a levee might in-
cidentally avert possible peril to life does not
make it other than a work of internal improve-
ment.-State v. Froehlich (Wis.) 115.
Laws 1901, c. 282, giving state aid to the
construction of levees, held to contravene
Const. art. 8, § 10, in giving aid to internal
improvements.-State v. Froehlich (Wis.) 115.
Presumptions as to laws of other states, see
"Evidence," § 2.
Provisions relating to particular subjects.
See "Animals"; "Bankruptcy," § 1; "Bastards,"
§ 1; "Building and Loan Associations'
"Commerce"; "Descent and Distribution'
"Elections"; "Eminent Domain," § 3; "Food";
"Health," § 1; "Highways," § 1; "Intoxicat-
ing Liquors"; "Master and Servant," § 1;
"Mechanics' Liens"; "Municipal Corpora-
tions"; "Rape," § 1; "Schools and School
Districts," § 1; "States," §§ 1, 2.
Revenue laws, see "Internal Revenue."
Statute of frauds, see "Frauds, Statute of."
Statutory new trial, see "New Trial," § 4.
§ 1. Enactment, requisites, and validity
in general.
A change in the title of a bill held not such a
substantial change as rendered the act as finally
passed invalid.-Richards v. State (Neb.) 878.
A defect in the title of a legislative bill may
be corrected by amendment at any time before
the bill is put on its passage, and it is not
necessary that the bill should be read on three | mercantile establishments, hotels, and restau-
different days in each house of the legislature rants, contains but one subject, clearly express-
under an exactly identical title.-Richards v. ed in the title.-Wenham v. State (Neb.) 421.
State (Neb.) 878.
§ 4. Amendment, revision, and codifica-
tion.
The clerical error in designating the section
amended by Act 1887 as section 11 did not
render the act uncertain, in view of the desig-
nation of the section amended as section 12
in the title and the preceding section.-Rich-
ards v. State (Neb.) 878.
Words stricken from a statute by an amend-
ment are not re-enacted by being inadvertently
reincorporated in a recital of a subsequent
amendment expressly confined to another por-
tion of the statute.-Svennes v. Village of West
Salem (Wis.) 121.
§ 2. General and special or local laws.
Under Code 1873, § 473, and Const. art. 1, §
6, and article 3, § 30, a legislative enactment
legalizing a city ordinance held void.-Cedar
Rapids Water Co. v. City of Cedar Rapids
(lowa) 1081.
Gen. Laws 1901, c. 134, authorizing a city
on certain conditions to issue its bonds for the
purpose of anticipating local improvements, is
not unconstitutional, as in violation of Const.
art. 4, §§ 33, 34, prohibiting special legislation.
-State v. Ames (Minn.) 18.
Act March 31, 1899, regulating the hours of
employment of females in manufacturing and
certain other establishments, held not class leg-
islation within Const. art. 3, § 15.-Wenham v.
State (Neb.) 421.
Laws 1901, c. 161, relating to collection of
unpaid taxes on real estate, held a special act,
and as
such void, because in conflict with
Const. § 69, subd. 23, prohibiting the passing
of local acts for assessment or collection of
taxes.-Angell v. Cass County (N. D.) 72.
When the legislature classifies subjects for
methodical legislation, all the objects of the
law within the state which are situated in like
circumstances and conditions must be embraced
within the law and be governed by the same.
Angell v. Cass County (N. D.) 72.
Laws 1901, c. 161, relating to collection of
taxes, in which the legislature attempted to
classify the territory within the state by coun-
ties, which classification included some coun-
ties and excluded others, held unconstitutional.
-Angell v. Cass County (N. D.) 72.
§ 3. Subjects and titles of acts.
Title of Acts 24th Gen. Assem. c. 36, relative
to protection of persons in their labels, held
sufficiently comprehensive to embrace the mat-
ters included in the act.-Beebe v. Tolerton &
Stetson Co. (Iowa) 905.
Pub. Acts 1901, No. 22, relating to sale of
"imitation butter," does not violate Const. art.
4, § 20, requiring the title to express the ob-
ject.-People v. Rotter (Mich.) 167.
Comp. St. 1901, c. 33, creating a food com-
mission, is not unconstitutional as containing
more than one subject.--Merrill v. State (Neb.)
Act March 31, 1899, regulating the hours of
employment of females in manufacturing and
UNITED STATES.
CONSTITUTION.
Amend. 14, § 1. ......... 657
STATUTES AT LARGE.
1864, May 12, ch. 84, 15
Stat. 72
Loc. Acts 1897, No. 349, amending Loc.
Acts 1893, No. 321, held not repugnant to
Const. art. 4, § 25, because of the publica-
tion of amended section 15 of chapter 29 as
section 15 of chapter 28.-Pioneer Fuel Co. v.
Molloy (Mich.) 750.
Act March 31, 1899, regulating the hours of
employment of females, does not amend Act
1883, protecting the health of female employés,
and is not repugnant to Const. art. 3, § 11,
providing that no law shall be amended unless
the new act contains the section amended.-
Wenham v. State (Neb.) 421.
The legislation embraced in the act of 1887
relating to the crime of rape was within the
title of the act of 1873 establishing the Criminal
Code, and was germane to section 12 of said
Code.-Richards v. State (Neb.) 878.
Act 1887, amending section 12 of the Crim-
inal Code, contained but one subject, which
was clearly expressed in its title.-Richards v.
State (Neb.) 878.
Laws 1901, c. 141, § 1, amending Laws
1897, c. 72, § 1, by reducing the license fee
to be paid by wholesale dealers in malt liq-
uors, and providing that no such license shall
be granted in places which do not license re-
tail liquor dealers, not affecting section 23 of
such chapter 72, the subject of the act was
fully expressed in the title. Theo. Hamm
Brewing Co. v. Foss (S. D.) 584.
5. Repeal, suspension, expiration, and
revival.
Comp. St. 1901, c. 23, § 242, is in effect re-
pealed by Act Feb. 28, 1881, §§ 1, 2, relating
to appeals from the county court in probate.-
Drexel v. Rochester Loan & Banking Co.
(Neb.) 254; Same v. Perkins, Id.; Same v.
Reed, Id.
§ 6. Construction and operation.
commission, though invalid as to that part of
Comp. St. 1901, c. 33, relating to the food
the act making an appropriation for the deputy
food commissioner, held not unconstitutional as
a whole.-Merrill v. State (Neb.) 418.
Where a part of an act has been declared in-
valid, and the remainder is complete in all its
parts, it will be enforced, unless the part was
an inducement to its adoption.-Merrill v. State
(Neb.) 418.
The words "original Code," as contained in
the title of a bill, must be construed as referring
to the Code of 1873, and not to the Code of
1866, which had prior to such time been re-
pealed.-Richards v. State (Neb.) 878.
As the various parts of Laws 1901, c. 161,
relating to the collection of taxes on certain
real estate, are interdependent, and those fea-
tures thereof which are not unconstitutional
cannot be separated from those which violate
the constitution, no part of the law can be up-
held.-Angell v. Cass County (N. D.) 72.
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