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(CONTRACTUAL AND COMMERCIAL RELATIONS.) when made by the governing authority of the of boards of health so long as the emergency party in the state, is held to be conclusive on exists. (Ind.) 64. the courts. (Ky.) 810.
A resort by a public officer to a house of The exclusion of unvaccinated pupils from ill fame for immoral purposes is held to be school during danger of an epidemic of small ground for bis removal from office. (W. pox is held to be within the general powers' Va.) 279.
II, CONTRACTUAL AND COMMEROIAL RELATIONS.
For Specific Performance, see infra, 8. for nonperformance of the contract by the
A telephone agent's agreement to deliver board of education. (Utah) 371. a message at destination in consideration of As to schools, see also supra, I. an extra charge for sending it is held bind
Hiring. ing on the company, although his instruc- A contract by which a clerk is hired for a tions prohibited his making such contracts, year is held not to be terminated by the but these
habitually disregarded. burning of the business house and stock of (Tenn.) 277.
goods, and by the dissolution of the firm and Public policy; illegality.
its retirement from business. (La.) 827. A contract to pay an attorney one third
Banks. of all money recovered in a divorce suit is
An honest mistake of a banker as to the held to be against public policy. (Cal.) law governing holidays and days of grace is 548.
held not to make him liable for failure to The invalidity of contracts in restraint of protest a note until a day after it should trade and to create a monopoly is held to ex- have been done, where lawyers and judges ist in the case of a contract by the owner of were at the time unable to agree as to the an ice machine to abandon the manufacture law.
(S. D.) 182. of ice for the term of five years in a certain town in which there is demand enough for
Bills, notes, and checks.
See also infra, III. the ice of both factories, and where the other party to the contract thereby acquires a
The doctrine that a purchaser of a draft monopoly of the business in that town. breach of warranty of the goods, which was
with bill of lading attached is liable on (Ala.) 175.
Real estate agents doing business without declared in Finch v. Gregg (N. Ć.) 49 L. R. a license in violation of an ordinance are de- A: 679, and Landa v. Lattin Bros. 19 Tex. nied the right to recover commissions, al. Civ. App. 246, 46 S. W. 48, but denied by though the ordinance is repealed pending the the other authorities cited in a note to the suit. (Kan.) 103.
Finch Case, has been repudiated by a recent lowa case.
(Iowa) 777. Statute of frauds.
The delivery to an impostor of a check A telegram is held to be sufficient to sat drawn by the drawee on itself for money to isfy the statute of frauds when it, if read in be loaned to the payee named therein on a the light of all the surrounding circumstan mortgage is held to give the drawee, after ces, plainly shows the subject of the contract, payment on a forged indorsement of the the parties, and the terms on which it was payee's name, no right to recover back the made. (Cal.) 240.
proceeds on the theory that the collecting Subscriptions.
bank had guaranteed the indorsement. A contract of subscription to a book in (Pa.) 75. which the subscriber's portrait and bio
Bonds. graphical sketch shall appear is held unen. See also infra, III. forceable for false representations as to the Sending a photograph of an accused per. number of those who were to be represented son, with a description of his appearance and therein. (Me.) 542.
the charge against him, to the police depart. Eng ing contracts.
ment of a city and to various other persons, to An engraver who takes separate contracts be placed in the Rogues' Gallery, is held not to make dies from photographs and print to render a sheriff and his sureties liable on pamphlets containing cuts from them is held his official bond, since such act is not within to have no right to use them in pamphlets the scope of his official duties. (Ind.) 73. for advertising his own business, and to
Carriers. have no remedy in case such pamphlets get See also infra, III. by mistake into the possession of his em- A rule of a street railway company reployer. (Mass.) 397.
quiring colored and white passengers to ocTeachers.
cupy different ends of a car is held reasonA teacher's contract calling for salary for able. (Ala.) 632. the time actually occupied in school is con- The rule that a passenger on a freight strued not to defeat her right to salary for train assumes the necessary risks incident to a period during which the school was closed the running of such trains, as shown by a on account of an epidemic of smallpox, and note in 19 L. R. A. 310, is reaffirmed in a such epidemic is held to constitute no excuse case which holds, that nevertheless, the car92
a bond in the penal sum of $5,000, condi- | Gen. Assem. chap. 28, without any provision tioned for the faithful performance of their for notice to the heirs, legatees, or devisees, contracts, is unconstitutional as class legis- is unconstitutional as a deprivation of proplation and as an unjustifiable interference erty without due process of law. Ferry 1. with the right of citizens to carry on legiti- Campbell (Iowa) mate business. People ex rel. Valentine v.
23. Notice by registered mail, in addition Coolidge (Mich.)
493 to notice by publication, of proceedings by 17. An exemption from a statute requir- the state board of control created by Wyo. ing a license to practise medicine, of commis- act Dec. 22, 1890, for the determination of sioned surgeons of the United States army, rights in the waters of the state, to each pernavy, or marine hospital service, physicians son having a recorded claim to waters of the or surgeons in actual consultation from streams embraced in the adjudication proother states, and persons temporarily prac- ceedings, is sufficient to constitute due proetising under supervision of an actual medi ess of law. Farm Investment Co. v. Carpencal preceptor, does not create an arbitrary, ter (Wyo.) unreasonable, or unjust discrimination in 24. A statute which makes it unlawful to violation of Ú. S. Const. 14th Amend., since make options for the sale of commodities of the reasons for these exemptions are appar. those kinds which have been the subject of ent and are entirely of a public character: gambling operations does not violate the con. Scholle v. State (Md.)
stitutional provisions against deprivation of 18. Exempting chimneys of buildings used property without due process of law. Booth exclusively for private residences from a
v. People (Ill.)
762 statute declaring the emission of dense or thick black or gray smoke or cinders from
25. An ordinance making it a penal ofsmokestacks or chimneys to be a public nui- fense for any person, except a duly authorsance, and limiting the statute to any ized conductor or agent of a street-railway smokestack or chimney used in connection company, to issue, deliver, give, or sell any with any stationary engine, steam boiler, or transfer, transfer check, or ticket issued, or furnace, does not make the statute unconsti- purporting to be issued, by such company, is tutional because of inequality or unjust dis- not unconstitutional as an unlawful depriva. crimination in violation of the provision as tion of property, since it interferes with no to equal protection of the laws, since it is rights enjoyed by the passenger under his not apparent that the classification made is contract with the railway company, as the without reasonable basis. Moses v. United transfer is given to him for the purpose of States (App. D. C.)
532 enabling him to continue his journey, and Dne process of law.
is not transferable or assignable to another ; Penal Ordinance as to Sale or ift of Street- nor is it a deprivation of the personal lib
Railway Transfer, see infra, 24. erty guaranteed by U. S. Const. 14th Amend. 19. An ordinance requiring a license for si, and Cal. Const. art. 1, § 1. Ex parte the doing of scavenger work in the city, and Lorenzen (Cal.)
55 providing that all persons proposing to do such work must submit bids, and that the build structures on one's own land, which are
26. A statute which makes it anlawful to board of health shall decide who are competent bidders, and fixing the imes at which primarily or solely intended to injure or anclosets shall be cleaned, is void as in vero- noy an adjoining owner, and which serve no gation of common right, where no necessity really useful and reasonable purpose, is not is shown therefor, and the effect would be to unconstitutional, although, if it prohibited prohibit property owners themselves from the erection of useful and valuable strueremoving the refuse from their own prem- tures, it would deprive the owner of propises. State v. Hill (N. C.) 473 erty without due process of law and compen
345 20. The individual liberty of the citizen sation. Karasek v. Peier (Wash.) is not invaded, in violation of his constitu- Police power. tional rights, by a statute taxing venders Requiring Label on Baking Powder, Valid of merchandise according to the amount of Exercise of Police Power, see supra, 13. their annual sales. Knisely v. Cotterel 27. A statute imposing burdensome regu. (Pa.)
86 lations and license fees on the business of 21. A statute authorizing service of sum- temporary or transient dealers, if its aim is mons on corporations which neglect to file the regulation of the business, and not the lists of the names of officers on whom proc- obtaining of revenue, falls within the police ess may be served, by leaving copies with power of the state, and is therefore not the register of deeds where the corporation against public policy, whether it is expedient has its principal office, is invalid as not pro- or inexpedient, politic or impolitie. State viding due process of law. Pinney v. Provi. v. Foster (R. I.) dence Loan & I. Co. (Wis.)
28. A statute declaring the emission of As to property rights and business. thick or dense black or gray smoke from Requiring Bond of Merchants Selling Farm chimneys a nuisance per se, and punishing
Produce, as Interference with Business, the act as an offense, is within the police see supra, 15.
power, and therefore does not deprive per22. A collateral-inheritance tax for the sons of property without due process of law. use of the state, imposed by Iowa Acts 26th Moses v. United States (App. D. C.) 532
NOTES AND BRIEFS.
Const. art. 1, § 1, s 20, providing that the Constitutional law; statutes leaving mat- power of the courts to punish for contempts ters to discretion of board.
shall be limited by legislative acts, since 383
this empowers the legislature only to fix the. Power to make retroactive statutes. 92 limit of the punishment which may be in. Protection of vested rights; separation of flicted.
Id. departments of government.
5. The common-law power of the courts to Provisions as to amendment; self-execut. punish for constructive contempt is recoging; appropriations for expense of. 569 nized and confirmed by Neb. Code Civ. Proc.
Statute leaving room for arbitrary power; 8 669, providing that any wilful attempt to delegation of power to private person.
412 obstruct the proceedings or hinder the due Police regulation of business.
administration of justice in any pending suit 491
shall constitute a contempt, and be punishAs to freedom of occupation; police regu- able as such. State v. Bee Pub. Co. (Neb.) lations of. 545
195 Police regulations of business; regula- 6. That an act is indictable under the tions to protect health.
penal law of the state does not deprive the State police power under 14th Amend courts of power to punish it as a contempt. ment
762 , Bradley v. State ex rel. Hill (Ga.) 691 Classification of persons; when constitu
NOTES AND BRIEFS. tional.
87 Class legislation in respect to licenses.
Contempt; constructive; publications pending case.
195 340 Power of legislature to regulate rates and
Power of court as to punishment for. 691 prices.
CONTRACTS. Equal protection of laws as to practice of Limiting Liability, see CARRIERS, 1, 8
11. Privileges of citizens; impairment of nat- Employee as Passenger, see CARRIERS, 6. ural rights; class legislation.
686 Division of Recovery in Divorce Case, Equal rights of citizens; power of Con
see ATTORNEYS, 3. gress as to.
533 Use of, in Advertising by One ContractDue process of law.
ing to Make and Print From, see 723
EXGRAVERS. Meaning of “due process.”
Of Municipality to Maintain Bridge What service of process is sufficient to
Erected by Railroad, Ultra Virer, constitute due process of law:--(I.) As
see HIGHWAYS, 9. basis of judgment in personam : (a) With Municipal Corporations, see Mvagainst nonresidents; (b) against resi
NICIPAL CORPORATIONS. dents; (c) against corporations: (1) do- Specific Performance of, see SPECIFIC mestie; ·(2) foreign; (d) joint debtors;
PERFORMANCE. (II.) as basis of judgment in rem. 577 Teacher's Salary under, While School
Closed for Smallpox, see SCHOOLS, CONTEMPT.
5-7. 1. Any form of coercion intended to affect 1. A telegram may constitute a sufficient the judgment of the court in a pending case note or memorandum of a contract to satisfy is unlawful, although judicial decisions, the statute of frauds, if, when read in the when made, may be freely commented upon light of all the surrounding circumstances, it and criticised. State v. Bee Pub. Co. (Neb.) plainly shows what the subject of the con
195 tract is, the parties thereto, and the terms 2. A newspaper corporation is guilty of upon which it is made. Brewer v. Horst
240 contempt in charging the judges in a pend-Lachmund Co. (Cal.) ing case with dishonorable conduct, and 2. A telegram by an agent to his princithreatening them with public odium and pal, announcing a purchase of hops, and ask. reprobation in case a decision is rendered in ing a confirmation thereof, should be read in a particular way.
Id. connection with the answer thereto, in deter3. The power to punish for contempt be- mining whether the telegrams constitute a ing inherent in a court created by the Con- sufficient memorandum of the contract of stitution and endowed with all the rights purchase to satisfy the statute of frauds. Id. and powers possessed by courts of record 3. In construing a contract, each of its prior to that time, the legislature cannot, provisions must be considered in connection without express constitutional authority, by with the others, and, if possible, effect must defining what are contempts, limit the courts be given to all. McKay v. Barnett (Utah) to treating as contempts such acts only as
371 are embraced in the legislative definition. 4. A contract to create a monopoly in any Bradley v. State ex rel. Hill (Ga.) 691
commodity of common utility or of common 4. No authority to define contempts, and consumption or use among the people, or to take from the courts jurisdiction to pun- even of considerable utility or consumption, ish as a contempt any act not mentioned in is against public policy, whether such comthe statute, is given to the legislature by Ga. modity be one of the common necessaries of
life or not. Tuscaloosa Ice Mfg. Co. v. Wil. 11. An ordinance granting to an electricliams (Ala.)
175 light company the exclusive privilege of sup5. A contract by the owner of an ice ma- plying a city and its inhabitants with light chine to discontinue the manufacture of ice is not a contract within the protection of in a certain town for the term of five years, U. S. Const. art. 1, § 10, providing that no when made without any sale of his business, state shall pass any law impairing the obliand in consideration of payments by the gation of contracts, where the city has no owner of the only other ice plant in the power to grant an exclusive franchise, either place, in which there is a demand for ice under its charter or the general law governsufficient to consume and render marketable ing municipalities. Clarksburg Electric the output of both factories, is void as Light Co. v. Clarksburg (W. Va.) 142 against public policy because of the re
NOTES AND BRIEFS. straint upon trade and the creation of a monopoly in the supplying of ice within See also SPECIFIC PERFORMANCE. that town.
Id. Contracts; entirety of; public policy as 6. A bald covenant in restraint of trade,
5-49 for which there is no other consideration Telegrams as writings to make a contract than the payment of money for the obliga. within the statute of frauds:-(I.) Genertion itself, without any purchase of the ally; (II.) parol evidence to explain; (III.) business, practice, trade, or plant of the contract cases not referring to the statute covenantor, is void.
Id. of frauds; (IV.) is the message delivered 7. A contract of subscription to a book to the telegraph company a contract ! (V.) entitled “Men of Progress of the State of which is the original—the message delivered Maine,” whereby a person agrees to furnish to, or by, the telegraph company! (VI.) his portrait and a sketch of his life for pub- summary.
240 lication therein, and to receive and pay for Restricting business; restraining compea copy of the book when issued, cannot be tition; reasonableness of restraint. 175 enforced where the agent who solicits the Use of negatives or engraved plates withsubscription falsely represents that only out the consent of the party who has paid three other persons in the town in which for the same.
397 defendant lives will be asked to become sub
Contracts; impairing obligations of. 769 scribers, and that portraits and sketches of only 300 persons in all will be published,
Privilege of using streets as a contract since these representations relate to the within the constitutional provision against character and contents of the book, and are impairing the obligation of contracts:material to a work of this particular char- Use of streets for railroad or street railway acter. Greenleaf v. Gerald (Me.)
542 tracks; water pipes and mains; gas pipes; 8. A firm that has engaged a clerk for a and wires; subway; other uses; necessity
telegraph and telephone lines; electric poles year is not absolved from its contract and that privilege be accepted and acted upon; obligation to retain his services at the the doctrine questioned; when privilege inagreed salary throughout the year, by, the valid in whole or in part; capacity in which fact that its business house and stock of municipality acts in granting, revoking, or goods are destroyed by fire, and by the firm's
impairing the privilege.
142 dissolution and retirement from business, where the contract does not
Of subscription; mutuality of promise.
reserve the power to discharge him for such reasons.
543 Madden v. Jacobs (La.)
Of Fund by Servant Disbursing it un9. Real-estate agents doing business with
der Master's Orders, see MASTER out a license, in violation of an ordinance,
AND SERVANT, 5. cannot recover commissions on a sale of land negotiated by them, notwithstanding a CORPORATIONS. subsequent repeal of the ordinance, without Service on, in Absence of Designation, a saving clause, pending the suit. Denning
see CONSTITUTIONAL LAW, 21. v. Yount (Kan.)
103 Specific Performance of Sale of Stock, 10. One who claims the right to enforce
see CONTRACTS, 10. specific performance of a contract of sale by Ultra Vires Act Not Validated by Esa committee representing a pool of stock
toppel, see ESTOPPEL. under an agreement, known to him, by the
Statements by Agent as to Noncorpoterms of which no member should sell or
rate Character of Dealing, see Evitransfer his interest without the consent of
DENCE, 21, the holders of three fourths of the stock, Use by, of Street for Private Nuisance, cannot plead the invalidity of the pooling
see Highways, 5, 6. agreement against the contention of the Appointment of Boards of Medical Excommittee that the contract had not been
aminers by Medical Societies, see ratified by three fourths of the stockholders,
MEDICAL BOARDS. since the two contracts are so connected
Enforcement of Contract for Stock, see that the later must be deemed to have been
SPECIFIC PERFORMANCE, 2-4. made subject to the provisions of the earlier,
Character of Dealings with, Question and they must stand or fall together. Ryan
for Jury, see TRIAL, 5. v. McLane (Md.)
501 1. Corporations are included within the (CIVIL REMEDIDS.) was to preserve his view from a window. grain until settlement, where the statute pro(Mass.) 120.
vides that such purchaser shall be entitled Dower.
to receive from à tenant in possession the A wife's right of dower is held not to be rents or the value of the use and occupation. affected by a release which she had attempted (N. D.) 254. to make directly to her husband in a deed of
Mines. separation. (Va.) 560.
The relocation of a mining claim by a Estates of insane persons.
cotenant, where the annual assessment work A statute imposing upon the estates of in- had not been done upon it, is held not to give Bane persons a liability for the expense of him any title as against his cotenants. (S. their maintenance by a county, provided they D.) 184. have no heirs dependent upon such estates A location of lode-mining claims within for support within the United States, is sus. the exterior boundaries of placer-mining tained against the contention that it was a claims previously located is upheld where special law or granted special privileges or
the lode claim was known to exist before the immunities. (S. D.) 351.
application was made for a patent for the
placer claim. (Colo.) 289. Bankrupts' assets. A policy of life insurance payable to the to prosecute a tunnel under the surface of
An important mining case denies the right legal representatives of the insured is held
and also holds that the not to constitute assets for his trustee in prior lode claim bankruptcy, where the policy has no cash space of intersection given to the prior locasurrender value. (Ga.) 33.
tion in case of conflicting claims includes,
not merely the intersection of the veins, but Administrators' assets.
of the claims themselves. (Colo.) 209. An administrator of a person who died in
Waters. possession of chattels under an agreement As to Pollution, see supra, VI. for the use of them during the life of the possessor and that of the owner is held to all the natural streams, lakes, springs, or
A constitutional provision declaring that have no title which will support an action other collections of still water within the for their possession against a third person state are the property of the state is held not who wrongfully took possession of them aft. to violate any provisions of the Federal Coner the death of the bailee. (Mich.) 140.
stitution. (Wyo.) 747. Trademarks.
A water right of one who has appropriated The word “perfection” is held to be a valid water to be used on nonriparian lands in his trademark in the name of what is called the possession, but not owned by him, is held “Perfection Mattress.” (Ala.) 628.
not to be an appurtenance of the land withGas.
out a conveyance to the landowner. (Mont.) The pumping of natural gas to the damage 737. of other proprietors having wells supplied The artificial raising of a lake, and its from the same reservoir in the earth is held maintenance in that condition for more than to be an unlawful injury to their property twenty years, during which the public use rights on the theory established by the de- and enjoy it, is held to constitute a dedicacisions in 47 L. R. A. 627, and 177 U. S. tion of the lands flooded by thus raising it, 190, 44 L. ed. 729, that such owners are pro- and to make the artificial condition of the prietors in common, each entitled to protec- lake become in effect its natural condition, tion against injury to the common property with all the incidents thereof. (Wis.) 836. by the others. (Ind.) 768.
The law governing estates tail and execuWagon scales bought by conditional sale, tory devises is elaborately reviewed in a but set up in such a way as to constitute a Georgia case. (Ga.) 361. fixture, are held to pass to a purchaser at
Legacies. sheriff's sale, who buys without knowledge Legacies of personal property are held to of the vendor's claim. (Iowa) 780.
be properly charged upon the real estate of Emblements.
the testator, where at the time of making the A chattel mortgage on crops growing on will he had no personalty out of which to mortgaged premises is held insufficient to pay them. (Mo.) 847. constitute a severance of them which will A bequest for the promotion of temperance prevent their passing to a purchaser of the work in a certain city is held not to be land on foreclosure sale made while the crops fatally indefinite. (Wis.) 307. are still standing. (Or.) 388.
Waiver of lien. A purchaser of land on foreclosure is held The lien of a chattel mortgage is held to entitled to wheat which a tenant of the niort- be waived by an attachment of the property gagor had stored for payment as rent under in favor of the owner of the mortgage. a contract giving the mortgagor title to the (Okla.) 714.
VIII. CIVIL REMEDIES.
Injury to person, and also to the property
Action by agent. of the same person, both resulting from the An action to recover damages for breach same tortious act, are held to constitute but of a contract to transport goods is held to be one cause of action. (Minn.) 161.
properly brought by an agent in his own