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I. REQUISITES AND VALIDITY OF
CONTRACT.

38 (Tex.Civ.App.) Extraneous fraud in the procurement of a note for the purchase price of a horse held to destroy the binding effect of a warranty of the horse constituting a part of the contract.-Bolt v. State Savings Bank of Manchester, Iowa, 179 S. W. 1119.

52 (Ky.) Where the issue was whether a sale was effected or whether there was merely an agreement to effect a subsequent sale by written contract, the burden was on the plaintiffs.-Pete Sheeran, Bro. & Co. v. Tucker, 179 S. W. 426.

52 (Ky.) In an action for the price of a car load of cotton seed, defended on the ground that defendant had never bought or agreed to pay for it, evidence held to sustain a verdict for plaintiff.-Cotton Seed Products Co. v. Bondurant, 179 S. W. 603.

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fendant claiming the shipment contained 132 cords only, plaintiffs claiming it contained 185, evidence on the point held sufficient to support verdict for plaintiff.-Id.

VI. WARRANTIES.

251 (Tex.Civ.App.) In absence of written warranty, material misrepresentations by seller held admissible as warranties, whether made fraudulently or not.-Bolt v. State Savings Bank of Manchester, Iowa, 179 S. W. 1119.

287 (Tex. Civ.App.) Where the seller of a concrete mixer induced the buyers to forego their right to reject for breach of warranty within ten days, as stipulated, such seller was bound to permit rejection on failure to give satisfaction after the stipulated period.-BradenZander Const. Co. v. Seng, 179 S. W. 1103.

288 (Tex. Civ. App.) Failure of buyers of cement mixer to reject for breach of warranty of capacity within the ten-day period stipulated in the chattel mortgage securing the price held to waive their right to reject later for such reason.-Braden-Zander Const. Co. v. Seng, 179 S. W. 1103.

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355 (Tex.Civ.App.) In an action for the price of wood, evidence that plaintiffs had contracted with defendant to ship him 450 cords held not at variance with the contract pleaded. bal--McLaughlin v. Terrell Bros., 179 S. W. 932.

53 (Tex.Civ.App.) In an action for the balance due on a bill of lumber furnished for a house which defendant had agreed to convey, evidence held to make defendant's agreement to pay therefor a question for the jury.-Scruggs v. E. L. Woodley Lumber Co., 179 S. W. 897. III. MODIFICATION OR RESCISSION OF CONTRACT.

(C) Rescission by Buyer.

355 (Tex.Civ.App.) Purchaser sued for purchase price, in support of plea of failure of consideration, held entitled to rely upon material misrepresentations.-Bolt V. State Savings Bank of Manchester, Iowa, 179 S. W. 1119.

VIII. REMEDIES OF BUYER. (D) Actions and Counterclaims for Breach of Warranty.

124 (Tex. Civ.App.) Persons induced to pur-428 (Tex.Civ.App.) Purchaser sued on note chase horse by fraudulent misrepresentations held entitled to sue for a rescission, but bound to return the horse or show good cause for their failure to do so.-Bolt v. State Savings Bank of Manchester, Iowa, 179 S. W. 1119.

for purchase price held entitled to rely upon misrepresentations as a defense, not on the theory of fraud and deceit, but because they were warranties.-Bolt v. State Savings Bank of Manchester, Iowa, 179 S. W. 1119. SATISFACTION.

See Compromise and Settlement.

While ordinarily, where a purchaser elects to rescind, he must return the property purchased, yet he need not do so if it be worthless.-Id. IV. PERFORMANCE OF CONTRACT. (C) Delivery and Acceptance of Goods. 1682 (Ky.) One who bought soot blowers, agreeing to pay therefor if satisfactory on six months' test, held bound to determine satisfaction for himself, and not entitled to rely on tests by others.-Louisville Trust Co. v. Bayer (B) Creation, Alteration, Existence, and Steam Soot Blower Co., 179 S. W. 1034.

SCHOOLS AND SCHOOL DISTRICTS.
See Public Lands, 173; Taxation, 242.
II. PUBLIC SCHOOLS.

Dissolution of Districts.

181 (Tex. Civ.App.) In action to recover for 44 (Ark.) Under Act Feb. 4, 1869 (Laws cars of wood sold f. o. b. at A., exclusion of original freight bills of railroad to show numbers of cords of wood received in each car by defendant at H. held proper.-McLaughlin v. Terrell Bros., 179 S. W. 932.

1868-69, pp. 27, 28) $$ 16, 17 (Kirby's Dig. $ 7695), and Act April 1, 1895, p. 82, § 1, county court held authorized to dissolve a special school district.-Hughes v. Robuck, 179 S. W. 163.

In an action to recover for a shipment of Under Act April 1, 1895, p. 82, § 1, petition wood sold f. o. b. A. and delivered at H., de- to dissolve school district need not designate

school districts to which petitioners desire the territory attached.-Id.

Act April 1, 1895, p. 82, § 1, merely confers See Drains. upon the county court discretionary authority to dissolve school districts, and does not require it to dissolve a district upon the filing of a proper petition.-Id.

Under Act April 1, 1895, p. 82, § 1, the county court has no authority to dissolve a school district except on the filing of a petition conforming to the requirements of the statute. -Id.

Under Act April 1, 1895, p. 82, §§ 1, 3, discretion of court in assignment of territory of dissolved school district held limited only by duty of adjudging such territory its pro rata part of the district's indebtedness.-Id.

(C) Government, Officers, and District Meetings.

53 (Ky.) One held not to have title to the office of trustee of graded schools, so as to en

SEWERS.

SHERIFFS AND CONSTABLES.

See Attachment, 365; Counties, 139.
III. POWERS, DUTIES, AND LIABILI-
TIES.

106 (Ark.) To recover against a constable for failure to levy an execution, plaintiff must prove that during the life of the writ the judgment debtor possessed property liable to seizure and that the constable neglected to seize it.Peery v. Mauldin, 179 S. W. 652.

SIGNALS.

See Master and Servant, 107, 190.

der.

SIGNATURES.

SLAVES.

title him to maintain action to enjoin another See Appeal and Error, 569; Libel and Slanfrom asserting title thereto; a certificate of election not having been issued to him by the board of trustees, as required by Ky. St. § 4485.-Chapman v. Freeman, 179 S. W. 450.25 (Ark.) Act Feb. 6, 1867 (Laws 1866– (E) District Debt, Securities, and Taxa- 67, p. 99) § 3, legalizing the cohabitation of negroes as husband and wife and legitimizing their Youmans, 179 S. W. 335. recognized children is still in force.-Black v.

tion.

106 (Tex.Civ.App.) Under Const. art. 7, § 3, independent school district annexed to existing common school district under Acts 29th Leg. c. 124, § 148, might collect 20-cent tax applicable to land in common school district before the annexation.-Davis v. Payne, 179 S. W. 60.

In a suit by owner of land in common school district, after its annexation to independent school district, to enjoin the new district's collection of school tax, the independent school district was a necessary party.-Id.

SECONDARY EVIDENCE.

See Evidence, 158, 185.

SEDUCTION.

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13 (Tex.Civ.App.) Where claimant in a sequestration suit in T. county secures possession of the property in D. county pursuant to Vernon's Sayles' Ann. Civ. St. 1914, art. 7769 et seq., and fails to see that his affidavit and claim bond are returned to the court of D. county as required by articles 7776, 7777, held, that ty as required by articles 7776, 7777, held, that he cannot object that judgment was rendered against him and the sureties on his bond in T. county.-Josey v. Masters, 179 S. W. 1134.

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191 (Tex. Civ.App.) Under Rev. St. 1911, arts. 7737, 7738, a plaintiff may maintain trespass to try title against agents for the state in possession, where he has title and right of possession, although the state has not consented to the suit.-Imperial Sugar Co. v. Cabell, 179 S. W. 83.

STATUTE OF LIMITATIONS.

20 (Tex.Civ.App.) Claimant and his sureties held chargeable with knowledge that affidavit and claim bond were returned to the justice court from which writ of sequestration was issued, instead of to a court in the county in See Limitation of Actions. which they contended they should have been returned.-Josey v. Masters, 179 S. W. 1134.

SERVANTS.

See Master and Servant.

SET-OFF AND COUNTERCLAIM.

STATUTES.

For statutes relating to particular subjects, see
the various specific topics.

I. ENACTMENT, REQUISITES, AND
VALIDITY IN GENERAL.

82 (Ark.) The constitutional provision re

tion to the Legislature itself.-State v. Wood-1 ruff, 179 S. W. 813.

Laws 1915, p. 340, establishing municipal courts, though applying to only two cities, held not a special act within the constitutional provision as to notice of special bills.-Id.

20 (Ky.) Compensation provided for agricultural experiment station in making analysis under Laws 1908, c. 4 (Ky. St. 1915, § 1905a), held to be an appropriation and not a system of fees.-Bosworth v. State University, 179 S. W.

403.

123 (Ky.) Section 89 of Acts 1914. c. 80, relating to public roads, so far as it attempts to repeal Ky. St. 1909, §§ 4348-4356, relative to private passways, held to violate Const. § 51.Exall v. Holland, 179 S. W. 241.

IV. AMENDMENT, REVISION, AND

CODIFICATION.

141 (Ark.) Const. art. 5, § 23, prohibiting amendment of statutes by reference to their title, does not invalidate Kirby's Dig. § 5433, assimilating the holding of city elections to state and county elections, which is complete in itself and is not amendatory of other laws, though reference to other acts may be necessary to ascertain its meaning.-State v. McKinley, 179 S. W. 181.

32 (Ark.) Where after adjournment of the Legislature an appropriation bill containing distinct items is presented to the Governor, he must, under Const. art. 6, §§ 15, 17, if desirous of vetoing particular items, file his objections to them with the bill and give notice by public 143 (Ky.) The amendment of Ky. St. §§ proclamation.-Dickinson v. Page, 179 S. W.

1004.

A notation, "Disapproved," written across items of an appropriation bill held a sufficient compliance with Const. art. 6, § 15, requiring the bill to be filed with notations of objections. -Id.

3915-3921, prohibiting combinations to regulate trade, by the unconstitutional enactment of Acts 1906, c. 117, does not affect the validity of the act amended.-Gay v. Brent, 179 S. W. 1051.

V. REPEAL, SUSPENSION, EXPIRA-
TION, AND REVIVAL.

33 (Ark.) Under Const. art. 6, §§ 15, 17, the filing with the secretary of state of an ap-161 (Ky.) Statutes may be repealed expropriation bill signed by the Governor but dis- pressly or by implication, but repeal by impliapproved as to some items is a sufficient public cation can only occur where two statutes are proclamation of the disapproval.-Dickinson repugnant and irreconcilable, or where the latv. Page, 179 S. W. 1004. er statute covers the whole subject and is manifestly a substitute for the first.-Exall v. Holland, 179 S. W. 241.

47 (Tex.) An act levying penalties upon any person failing to erect a shed wherein railroad repair work may be done must be plain enough for those operating the industry affected to know whether by engaging in an act of repair without erecting the shed they would breach its terms.-State v. International & G. N. Ry. Co., 179 S. W. 867.

Where an act of the Legislature requiring persons engaged in the repair of railroad equip ment to erect a shed therefor, except in case of light repairs, was as definite in meaning as the nature of the subject allowed, the rule that a penal act must be certain in its provisions was complied with.-Id.

Rev. St. 1911, arts. 6581, 6582, requiring persons engaged in repairing railroad equipment to erect sheds, held not void for uncertainty as exempting "light repairs."-Id.

64 (Ark.) Laws 1915, p. 340, if invalid in part as giving municipal courts civil jurisdiction coextensive with the limits of the county, held not thereby rendered invalid as to other provisions.-State v. Woodruff, 179 S. W. 813.

64 (Ky.) Unconstitutional section in other wise valid statute will, where practicable, be excluded, and the remainder allowed to stand.Bosworth v. State University, 179 S. W. 403.

VI. CONSTRUCTION AND OPERA

TION.

(A) General Rules of Construction.

venience results where the language of the law 181 (Tex. Civ.App.) The argument of inconis not clear, either express or implied, and extends to constitutions and statutes.-Davis v. Payne, 179 S. W. 60.

184 (Ark.) In construing a statute the ob ject to be attained thereby and the purpose of the Legislature are to be considered, and that construction given which is in harmony with the legislative intent.-McDaniel v. Herrn, 179 S. W. 337.

205 (Ark.) A statute should be considered as a whole.-Conway v. Miller County Highway and Bridge Dist., 179 S. W. 1009.

212 (Tex.Civ.App.) The presumption against absurd consequences of legislation is no more than the presumption that the legislators were gifted with ordinary common sense, and applies only where there is room for construction by reason of the obscurity or ambiguity of a law. -Davis v. Payne, 179 S. W. 60.

64 (Tex. Civ.App.) The courts cannot hold one provision of a law valid and another in-2254 (Ark.) Where the Legislature passed valid, where it is uncertain whether either would have been passed without the other.Coman v. Baker, 179 S. W. 937.

two acts at the same session dealing with the powers of a levee board, and the language of one was ambiguous, to determine the intention of the Legislature, the court should consider the other act with it.-Board of Directors of St. Francis Levee Dist. v. Williford, 179 S. W.

665.

III. SUBJECTS AND TITLES OF ACTS. 105 (Ky.) Const. § 51, providing that all acts of the Legislature shall have but one subject, expressed in the title, will be strictly con-226 (Ark.) A statute borrowed from anothstrued. Bosworth v. State University, 179 S. er state will receive construction placed upon W. 403. it by courts thereof, in absence of conflict with 1102 (Ky.) Section 11, c. 4, Laws 1908 settled policy of borrowing state.-St. Louis, I. (subsection 11, § 1905a, Ky. St. 1915), relating M. & S. Ry. Co. v. Freeman, 179 S. W. 648. to sale of adulterated and misbranded food and 231 (Tenn.) Shannon's Code, § 3935, held drugs, and making certain appropriations, held a violation of Const. § 51, providing that subject of act must be single and expressed in title. -Bosworth v. State University, 179 S. W. 403. 118 (Ky.) Act March 17, 1904 (Laws 1904, c. 29; Ky. St. § 1201c), leveled at the offense of poultry stealing, held not in violation of Const. § 51, requiring the subject of an act to appear in the title.-Fry v. Commonwealth, 179 S. W. 604.

to be construed with the sections giving a right of action for wrongful death as if they had all originated with the Code of 1858, though, in substance, section 3935 was a prior enactment.Sharp v. Cincinnati, N. O. & T. P. Ry. Co., 179 S. W. 375.

(B) Particular Classes of Statutes. 239 (Tenn.) A statute intended to alter the common law will not be construed to alter it

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STEAM.

See Master and Servant, 265.

STOCKHOLDERS.

See Corporations, 170-243.

STREET RAILROADS.

See Evidence, 506, 588; Injunction, 64, 65; Municipal Corporations, 413; Pleading, 376.

II. REGULATION AND OPERATION. 78 (Mo.App.) Where a street railroad is operated by receivers they alone, and not the company itself, are responsible for personal injuries due to the negligence of the company's servants. Ingino v. Metropolitan St. Ry. Co., 179 S. W. 771.

99 (Mo.App.) Driver approaching street car tracks held bound to look for cars and stop in place of safety if one was approaching, making it dangerous to cross.-Guffey v. Harvey, 179 S. W. 729.

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