sacks to be furnished by the buyer, and he failed to furnish them, he could not thereafter recover for breach of contract when the seller sold the potatoes to another party.--Wm. B. Hughes Produce Co. v. Pulley, 155 P. 337. (F) Actions for Damages. 382 (Cal.App.) In action for breach of a contract to take and market apples, where the pleading presented the issue of the contract price evidence for defendant that the market value of apples, such as those involved at the place where grown, was $12 per ton, was admissible.-Griffith v. Welbanks & Co., 155 P. 120. Where a contract for the sale of potatoes required their delivery within 30 days from its date, but the buyer did not demand them for 68 days, he could not thereafter recover for failure to deliver the potatoes, since he could not in-384 (Cal.App.) In action for breach of condefinitely postpone the demand.-Id. 181(1) (Cal.App.) Where the seller of raisins established that they were delivered in time and were of the specified grade, the burden was then on the buyer to prove that he had rejected them, showed that the seller admitted they were not of grade and agreed to adjust the matter on that basis.-Bronge v. Mowat & Co., 155 P. 827. 181(11) (Cal.App.) Evidence, considered with provisions of contract, held to show that delivery of raisins was completed within due time so that the seller could recover the stipulated price therefor.-Bronge v. Mowat & Co., 155 P. 827. Where the seller of raisins established that they were delivered in time and were of the specified grade, acceptance was made out unless the evidence showed that the seller admitted they were not of grade and agreed to adjust the matter on that basis.-Id. VI. WARRANTIES. tract to take and market apples, Civ. Code, § 3300, held to furnish measure of damages, and that plaintiff could not recover full contract price, as the detriment to him was at most the contract price less the expense to him had he delivered them; sections 3310, 3311 not applying. Griffith v. Welbanks & Co., 155 P. 120. VIII. REMEDIES OF BUYER. (C) Actions for Breach of Contract. 418(3) (Mont.) Where defendant breached his contract to deliver cattle, the buyer is entitled to recover the difference between the market value of the animals not delivered and the contract price.-Pritchett v. Jenkins, 155 P. 974. (D) Actions and Counterclaims for Breach of Warranty. 430 (Okl.) Where an oral warranty of fitness of an automobile was made to a local dealer and the same warranty made by him to buyigers, to whom the automobiles were delivered direct by the original seller, held that the local dealer was not bound by the terms of a written order which such seller induced the buyers to sign, which order stipulated that there was no warranty except as set out therein.-International Harvester Co. v. Lawyer, 155 P. 617. 261 (Okl.) There is a warranty where the seller asserts a fact of which the buyer is norant, but not where he merely states his opinion on a matter of which he has no special knowledge. International Harvester Co. V. Lawyer, 155 P. 617. A statement of the seller that the automobile could be driven over the roads in a certain vicinity satisfactorily held a warranty, and not the expression of a mere opinion, where the buyer knew nothing of the capacity of the automobile and the seller was an expert in handling automobiles.-Id. IX. CONDITIONAL SALES. 472 (4) (Kan.) One who with notice of a conditional sale contract under which machinery was sold purchased at a mechanic's lien foreclosure sale, the realty on which the machinery was deposited acquired no title to the machinery.-St. Marys Mach. Co. v. Iola Mill & Elevator Co., 155 P. 1077. 288(6) (Kan.) Where an engine, bought with a separator, for which notes were given, proved defective, and the buyer, with consent of the holder of the notes, traded it for a new engine, giving new notes, secured by a mortgage on the machines, and the buyer made several payments on the debt, held, that he was estopped, in an action on the notes last given, to recoup dam See Hospitals. ages for breach of warranty of the old engine.Muenzenmayer v. Hood, 155 P. 917. 288 (Okl.) Payment, part payment, or the giving of notes for the price, is not a waiver of a breach of warranty in the absence of an intent to waive.-International Harvester Co. v. Lawyer, 155 P. 617. VII. REMEDIES OF SELLER. (E) Actions for Price or Value. 353 (Cal.App.) A complaint averring that plaintiff sold defendant hay, and that defendant promised to pay on given date, but failed, states a cause of action of contract of sale, without an averment of delivery, in view of Civ. Code, § 1721.-Johnson v. Dixon Farms Co., 155 P. 134. In view of Code Civ. Proc. § 307, abolishing forms of action, and section 452 providing for liberal construction of pleadings held, that a complaint averring that plaintiff, for an agreed amount, sold hay to defendant, but that defendant did not make payment according to its agreement, must be considered as stating a cause of action for goods sold and delivered.-Id. 364(7) (Cal.App.) In an action for the price of raisins sold by plaintiff to defendant, where the evidence showed that a portion of the raisins were accepted, it was not error to refuse an instruction on time of delivery, since, even if the raisins were delivered too late, the condition of timed delivery was waived.-Bronge v. Mowat & Co., 155 P. 827. SANITARIUMS. SATISFACTION. See Accord and Satisfaction; Compromise and SCHOOLS AND SCHOOL DISTRICTS. II. PUBLIC SCHOOLS. (E) District Debt, Securities, and Taxa tion. 97 (Kan.) The Australian ballot law does not apply to school district elections on the question of issuance of schoolhouse bonds.Abrahams v. School Dist. No. 33, 155 P. 16. Ballots cast at a school district election held improperly rejected, where the intent of the voters could be ascertained from their face.-Id. 107 (Okl.) Reports of the county superintendent held not sufficient evidence of the estimated expenses for the fiscal year, to entitle plaintiff to enjoin taxes levied by the school districts prior to Rev. Laws 1910, §§ 7379, 7380, as in excess of the estimated expenses, where plaintiff did not show that minutes of annual school meetings could not be obtained or did not show the estimates.-St. Louis & S. F. R. Co. v. Richardson, 155 P. 1125. (Kan.) A taxpayer of a school district | may invoke the injunctive remedy afforded by Code Civ. Proc. § 265 (Gen. St. 1909, § 5859), to prevent issuance of bonds pursuant to an election, even though it be assumed that he would have had a remedy by contesting the election.-Abrahams v. School Dist. No. 33, 155 P. 16. (H) Pupils, and Conduct and Discipline of Schools. 164 (Kan.) Under Gen. St. 1909, § 7478, school district boards may provide that branches, including music, other than those enumerated in this section, shall be taught.-Epley v. Hall, 155 P. 1083. 44(1) (Okl.) One joint maker of a note may set off against it an indebtedness due him individually from the payee.-Curlee v. Ruland, 155 P. 1182. SETTING ASIDE. See Fraudulent Conveyances, 241; Guardian and Ward, 105: Indictment and Information, 137; Judgment, 136–163, 341-384, 842. SETTLEMENT. See Accord and Satisfaction; Appeal and Error, 567, 568; Compromise and Settlement; Exceptions, Bill of; Guardian and Ward, 163, 164; Payment; Release. The uniform course of study prepared for 1914, under Laws 1913, c. 272, held to authorize teaching of music in district schools.-Id. School district boards may determine whether See Drains. all subjects, including music, shall be taught by a single teacher or whether music shall be taught by a specially qualified teacher.-Id. SEARCHES AND SEIZURES. See Intoxicating Liquors, 249, 251. 7 (Or.) A circuit court may make an order impounding defendant's papers seized at his place of business at the time of his arrest and taken therefrom.-State v. Ware, 155 P. 364. SEWERS. SHEEP. See Animals, 91-100. SHIPPING. See Carriers, 247, 352, 361. SHOWS. See Theaters and Shows. SIGNATURES. The private papers of defendant in a criminal cause, seized by officers and used as evidence, will be returned to him upon proper application to the clerk of the Supreme Court.-Id. See Frauds, Statute of, 115, 116. 8 (Or.) A defendant in a criminal prosecu tion who suffers injury by the illegal seizure of SLANDER. his papers at his place of business at the time See Libel and Slander. SECONDARY EVIDENCE. See Evidence, 158-186. SECURITY. See Appeal and Error, 395, 465, 470. SEIZURE. See Searches and Seizures. SEPARATE ESTATE. See Husband and Wife, 146, 181. SERVANTS. See Master and Servant. SERVICE. See Process, 96, 158. SERVICES. SMALL POX. See Municipal Corporations, 734. SOLICITATION. See Municipal Corporations, 611. SPECIFICATION OF ERRORS. See Appeal and Error, 728, 732, 758; New SPECIFIC PERFORMANCE. See Pleading, 376. I. NATURE AND GROUNDS OF REM. 13 (Or.) Specific performance of a contract to purchase land will not be denied because the buyers had collected a note they agreed to assign to the vendors; for a court of equity will follow the proceeds of the note and compel delivery thereof to the vendors.-Larrabee v. Bjorkman, 155 P. 974. 23 (Okl.) Specific performance cannot be adSee Master and Servant, 51; Work and judged where defendant has conveyed the property to one who is free from equities.-Beatty v. Wintrode Land Co., 155 P. 574. Labor. SET-OFF AND COUNTERCLAIM. See Bills and Notes, 384; Eminent Domain, 145; Limitation of Actions, 63, II. SUBJECT-MATTER. II. CONTRACTS ENFORCEABLE. 129.28 (Okl.) A land sale contract held not alternative in nature so as to prevent a decree of specific performance in a suit by the vendor.Dillon v. Ringleman, 155 P. 563. 49(2) (Kan.) Where, in a suit to enforce a land sale contract, it appeared that the land was worth from $7,600 to $7,980, the fact that the price paid was from $760 to $1,140 less did not, in the absence of fraud, show a disparity in price amounting to an inequity such as would prevent specific performance.-Greenwood v. Greenwood, 155 P. 807. 28 (Okl.) Where a person agrees on certain conditions to be performed by a bank to indorse all notes held by the bank, to 55 per cent. thereof, and makes a special deposit in the bank to secure performance, he is entitled, on failure of the bank to comply with the conditions, to any part of such deposit which has not been properly applied under the agreement, and may set off same in an action against him by the bank on a note.-First State Bank of Indiahoma v.61 (Okl.) Where, in a purchaser's suit for Menasco, 155 P. 261. specific performance, the vendor pleads aban donment merely to defeat plaintiff's demand | § 1, prohibiting donations, gifts, and loans by and does not claim affirmative relief, Rev. Laws 1910, § 986, requiring a vendor to restore whatever of value he has received before he can rescind, does not apply.-Beatty v. Wintrode Land Co., 155 P. 574. the state to individuals, since the inclusion of counties within it does not contemplate charity, but provides compensation for injuries.-Lewis and Clark County v. Industrial Acc. Board of Montana, 155 P. 268. 66 (Or.) A contract to buy land may be spe-140 (Okl.) One selling state warrants purcifically enforced, though the vendors have an action at law for damages.-Larrabee v. Bjorkman, 155 P. 974. 80 (Wash.) While the courts will enforce an agreement of the parties to arbitrate differences arising out of a contract, yet, where the contract to arbitrate is indefinite and the matter to be arbitrated is in controversy, the agree ment cannot be enforced.-Klock Produce Co. v. Robertson, 155 P. 1044. III. GOOD FAITH AND DILIGENCE. 93 (Okl.) A land sale contract, construed in the light of Rev. Laws 1910, § 968, and held, that time was not of the essence thereof, and that hence the vendor's failure to furnish a good abstract showing clear title, before the date stipulated, did not preclude her from compelling specific performance.-Dillon v. Ringleman, 155 P. 563. porting to be drawn on a special fund, pursuant to Rev. Laws 1910, 8 8066, impliedly warrants that they are valid existing obligations of the state.-Logan County Bank v. Farmers' Nat. Bank of Oklahoma City, 155 P. 561. STATUTE OF FRAUDS. See Frauds, Statute of. STATUTE OF LIMITATIONS. STATUTES. For statutes relating to particular subjects, see I. ENACTMENT, REQUISITES, AND 94 (Kan.) A plaintiff held not entitled to specific performance of a contract whereby his surviving parent had agreed to give land to him64 (8) (Wash.) Invalidity of Rem. & Bal. in return for support, where it appeared that Code, § 7024, part of the act requiring license of plaintiff had breached the contract by putting factors, in view of section 7033 defining "comhis father in fear and caused him to leave.- mission merchant," held to pervade the act and Holland v. Holland, 155 P. 5. to be essential to it, and hence to invalidate the whole act.-State v. J. B. Powles & Co., 155 P. 774. 96 (Okl.) A vendor may enforce specific performance of a land sale contract where he tenders a valid deed.-Dillon v. Ringleman, 155 P. 563. IV. PROCEEDINGS AND RELIEF. 103 (Utah) When a prospective heir conveys his interest before the death of the ancestor, an action for specific performance can only be brought in a court of equity, and probate courts, have no jurisdiction of the matter.-Dunn v. Wallingford, 155 P. 347. II. GENERAL AND SPECIAL OR LO- 72 (Cal.App.) Under Const. art. 1, § 11, the Legislature may pass laws operating on a certain class of persons, provided the class is founded on some natural or extrinsic or constitutional distinction.-City of Sacramento v. Swanston, 155 P. 101. Code Civ. Proc. § 1255a, authorizing attorney's fees against plaintiff abandoning eminent domain proceedings, held not to conflict with Const. art. 1, § 11.-Id. de-76 (Cal.App.) Under Const. art. 4, § 25, the Legislature may pass laws operating on a certain class of persons, provided the class is founded on some natural or extrinsic or constitutional distinction.-City of Sacramento v. Swanston, 155 P. 101. 105 (Cal.) Where a realty purchaser, mistaking the termination of the contract because of unauthorized acts of the vendor, sued for payments made by her and was nonsuited, fendant, contending the contract was in force, her delay of 18 months after the nonsuit in suing for specific performance held not to constitute laches.-McGibbon v. Schmidt, 155 P. 460. 114(1) (Or.) In view of L. O. L. § 88, complaint in suit for specific performance held sufficient to show title in plaintiffs.-Larrabee v. Bjorkman, 155 P. 974. 130 (Cal.) Where plaintiff sued for specific performance of a contract for exchange of lands, he could not complain that a court of equity, having taken jurisdiction, granted relief to defendants, who cross-complained, asserting rescission.-Rector v. Lewis, 155 P. 75. SPENDTHRIFT TRUSTS. See Trusts, 12, 152. STARE DECISIS. See Courts, 92, 97. STATEMENT. See Appeal and Error, 302, 537, 544, 564. STATES. See Constitutional Law, 50, 70. IV. FISCAL MANAGEMENT, PUBLIC DEBT, AND SECURITIES. Code Civ. Proc. & 1255a, authorizing attorney's fees against plaintiff abandoning eminent domain proceedings, held not to conflict with Const. art. 4, §. 25.-Id. III. SUBJECTS AND TITLES OF ACTS. 106 (1) (Mont.) While a law enacted by the people on the initiative may not be subject in all respects to constitutional restrictions as to title, still the title may be fairly accepted as notice of the general contents of the bill.-State v. Duncan, 155 P. 1111. 114 (Mont.) Workmen's Compensation Act, does not violate Const. art. 5. § 23, providing that the subject of a bill shall be expressed in the title, because of the inclusion within its operation of counties and county employés, so that the provisions applying to counties are valid.Lewis and Clark County v. Industrial Acc. Board of Montana, 155 P. 268. The term "workmen" in the title to Workmen's Compensation Law was used in its generic sense, and included employés in the county as well as individuals.-Id. 1909, p. 334, permitting a party to call the ad117(1) (Idaho) The purpose of Sess. Laws verse party as a witness, is sufficiently express119 (Mont.) Workmen's Compensation Acted in its title to meet the requirements of Const. is not invalid as a violation of Const. art. 13, art. 3, § 16.-Darry v. Cox, 155 P. 660. VI. CONSTRUCTION AND OPERA- TION. (A) General Rules of Construction. 120 (5) (Or.) Under Const. art. 4, § 20, 717. 121 (Kan.) Laws 1907, c. 409, relative to no technical meaning, or are not employed in a 200 (Mont.) Where it is manifest from the 226 (Mont.) Where primary statute passed 125 (5) (Mont.) Where the title of an act (D) Retroactive Operation. 263 (Wash.) In the absence of a specific VII. PLEADING AND EVIDENCE, 285 (Mont.) The court will not go behind .623, 892 § 9759 STATUTES AT LARGE. 1897, June 7, ch. 3, 30 1898, June 28, ch. 517, 30 REVISED STATUTES. COMPILED STATUTES 898 §§ 8657-8665 ...422, 446, 529, §§ 669, 688, 693, 859, 867 995 Art. 13, § 14, par. a. 458 502 ..... CIVIL CODE. 1913. 61, subsec. 2. 95 90 1898. July 1, ch. 542, 30 502 $$ 1287, 1299, 1321. ..1002 112 1154 §§ 1624, 1625, 1637-1639.. 84 644 REVISED STATUTES 1901. 1691 834 Stat. 861. 852 $ 1721 134 1902, June 30, ch. 1323, § .587, Pars. 509-517 736 $8 2412, 2452. 834 .......... $$ 3300, 3310, 3311 120 3368 463 1902, July 1, ch. 1362, § 547 Par. 3272, subd. 7. .547, 594 PENAL CODE. 299 $369 109 77 1903, March 3, ch. 994, 32 1904, April 21, ch. 1402, .1154 .1132 1906, April 26, ch. 1876, $$ 663, 6632 101 §§ 763, 764. .137, 142 § 941a 101 941a et seq. § 475 645, 827 § 525 463 CALIFORNIA. 659 86 CONSTITUTION. §§ 661, 662. 627 654 999 456 456 $$ 1183, 1190, 1192. .1012 Art. 1, § 4. $ 4987 578 37 $8 1828, 1831, 1832. 477 101 Art. 1, § 8. 977 $ 5610 41 Art. 1, § 13. 820 Art. 1, § 14. 477 Art. 1, § 16. .84, 824 Art. 21, § 19..... 291 $ 5618 2 680 $5641 291 $5693 27 11 660 $5695 .11, 1080 484 $5703 296 $$ 5784, 5786. ...1075 ..1073 § 5859 5860, subsec. 2. .1073 $ 435 $$ 1150, 1152. .1022 § 2202 977 § 5888 922 1238 140 § 2238. Amended by Laws 5964 27 791 1324 .137, 140, 142 $ 2714 665 § 6059 34 POLITICAL CODE. § 2769. Amended by Laws § 6169 38 40 $ 3854 977 $ 7079 922 $ 4043 7478 288 .1083 $ 1083a. Amended by § 4113 484 $ 9692 51 $ 1096 Laws 1915, p. 286.....1084 $ 4807. Amended by Laws $$ 9699, 9700. 929 484 § 9800 962 $$ 1197, 1205, 1207, 1211.. 639 5215 et seq. 680 115 8 6825. Amended by Laws LAWS. 840 1911, ch. 99. 296 3455. Amended by Laws §§ 7511, 7565-7589. 977 635 88 7820, 7834. 1905, ch. 215.. 54 969 635 $7855 1907, ch. 409. 18 487 1911, ch. 124, § 1. 936 840 1911, ch. 218, § 6. 43 3462. Amended by Laws LAWS. 1911, ch. 218, § 36. 916 1911, p. 644.. 1913, ch. 200, § 8. 47 $34662 840 1909, p. 163, § 10.. 665 1913, ch. 216.. 916 $$ 3780, 3817, 3897. 990 1909, p. 334. 1911, ch. 99.. 296 1913, ch. 239. 922 1911, ch. 124, § 60. 487 1913, ch. 272. .1083 291 1913, ch. 295. 22 1911, p. 396. 115 1915, ch. 80.. 1911, p. 485. 137 1915, ch. 97, § 2238k. 977 1911, p. 530. 458 1915, chs. 146-150. 487 1911, p. 534, § 8. 458 1911, pp. 642, 644. MONTANA. 635 INDIAN TERRITORY. 1911, pp. 796, 1037. 1911, p. 1041, § 4.. 654 See Oklahoma. Art. 3, § 10. 278 1911, p. 1675, art. 11, ch. Art. 5, § 23. 268 5, 8 7.. .1084 Art. 8. § 3. 278 1911, p. 1679, art. 11, Art. 12, § 11 268 1, § 5.. .1084 Art. 13, § 1. 268 1913, p. Art. 15, §§ 2. 3. 282 1915, p. 286. ...1084 Art. 11. § 1.... Art. 15, § 9... |