should be so definite and positive in its terms as to show the clear intention of the parties so to do.-Strauss v. Yeager, Ind., 93 N. E. 877.

41. Validity. To create a contract, there must be a reciprocal assent in the minds of the parties to the same thing in the same sense. -Strong & Trowbridge Co. v. H. Baars & Co., Fla., 54 So. 92.

42. Corporations-Due Process of Law.-The business of a surety company engaged in furnishing bonds, undertakings, etc., is not one affected by any public interest nor a monopoly, but is purely a private business, and a state has no power to prescribe rates to be charged by such corporations.-American Surety Co. of New York v. Shallenberger, C. C., 183 Fed. 636.

43. Regulations.-Where a corporation and its property are affected by a public use, the Legislature may at any time make specific the duties clearly implied from the act of incorporation, and fix the rates for the services rendered. Great Falls Power Co. v. Webb, Tenn., 133 S. W. 1105.

44.- -Sale of Assets.-Where a sale of a corporation's assets has been carried by the vote of the purchasing corporation against the protest of all of the stock except its own, the sale may be void as a matter of law.-Binney v. Cumberland Ely Copper Co., C. C., 183 Fed.

650.

45. Sale of Corporate Stock.-Where corporate stock was sold under a written contract containing certain conditions, a voluntary payment of a part of the price before it was due is not a sufficient consideration for a modification of the contract.-Beeson v. Wright, Cal., 112 Pac. 1091.

46.

Courts-Decisions of Federal Supreme Courts. The courts of a state will follow the decisions of the federal supreme court on federal questions, but as to other questions they will depart therefrom when contrary to the great weight of authority or to logic and reason.-Alford v. State, Ala., 54 So. 213.

47. Federal Decision.-The decisions of the federal supreme court on the construction of federal statutes relating to the location of mining claims are conclusive on state courts. -Street v. Delta Mining Co., Mont., 112 Pac. 701.

48. Criminal Law-Former Jeopardy. That accused has been convicted of violating an ordinance forbidding keeping open doors on Sunday held no bar to a prosecution for violating an ordinance against doing a "near beer" business without a license.-Cohen' v. City of Atlanta, Ga., 70 S. E. 140.

counties which prosecutes has jurisdiction.Murray v. State, Miss., 54 So. 72.

51. Damages-Exemplary Damages.-$1,500 is not excessive as exemplary damages for wrongfully obtaining $800 certificates of deposit, after inducing the owner to drink intoxicants.— Summers v. Keller, Mo., 133 S. W. 1180.

52.

Dedication-Use of Property.-Where an owner dedicates land to the public for a particular use, specifying the use and imposing restricuons, if the dedication is accepted, the land cannot be applied to any other use nor the restrictions disregarded.-South Park Com'rs. v. Montgomery Ward & Co., Ill., 93 N. E. 910.

53. Dower-Property Subject.-The widow of a purchase-money mortgagor held dowable only in the surplus remaining after satisfying the mortgage.-Nichols v. French, Ohio, 93 N. E. 897.

foreclosure,

54. Ejectment-Mortgage.-In failure of the mortgagee to give notice of the sale prescribed in the mortgage held to constitute a defense in ejectment by the purchaser. -Meador v. Johnson, Okl., 1120 Pac. 1121.

55. Eminent Domain-Public Use.-In exercising the right of eminent domain, the Legislature is restricted by the requirements that the use shall be public and lawful, and not abused to the injury of well-recognized private rights, and its action in such respect are subject to court review.-South Park Com'rs. v. Montgomery Ward & Co., Ill., 93 N. E. 910.

56. Public Use.-The mere possession of incidental charter powers to engage in private enterprises held not to deprive a corporation of the right of eminent domain given it to effectuate its public purposes.-Great Falls Power Co. v. Webb, Tenn., 133 S. W. 1105.

57.

Equity-Multifariousness.-Where a bill to quiet title shows that all the defendants claim an interest in all the land, the subjectmatter of the suit, the bill is not multifarious. -White v. Cotner, Ala., 54 So. 114.

58. Escape-Aiding.-To authorize conviction of aiding a prisoner to escape, the evidence must show that the prisoner was in the act of escaping and that accused knowingly assisted him. Harvey v. State, Ga., 70 S. E. 141.

59. Evidence-Comparison of Handwritings.The execution of a contested paper and the genuineness of the signature may be established by comparison with other writings proved or admitted to be genuine.-Paulk v. Creech, Ga., 70 S. E. 145.

60. Judicial Notice.-The supreme court cannot take judicial notice of the weight of a "bale" of cotton.-Elmore, Quillian & Co. v. Parish Bros., Ala., 54 So. 203.

61. Law of Sister State.-An expert called to prove as a fact the law of a sister state may testify only to what the law of the sister state is, and he cannot apply that law to the facts controversy.-Jenness Simpson, Vt., 78

in

Atl. 886.

V.

presumed

62. -Varying Contracts.-It is that the whole contract of the parties to a contract for the sale and purchase of real estate is embodied in the written instrument, and parol testimony to establish another agreement is inadmissible.-Stidham v. Laurie, Tex., 133 S. W. 1082.

63. Exchange of Property--Right to Rely Upon Representations.-That persons contracting to exchange land for hotel property examined the hotel did not put them on notice concerning its earnings as affecting their right to rescind the contract for fraudulent misrepresentations.-Johnson V. Ryan, Wash., 112

Pac. 1114.

64. Executors and Administrators-Claims Barred by Limitations.-An administrator cannot charge the estate by acknowledging a debt of decedent barred by limitations; it being his duty to plead the statute.-Vinson v. Whitfield, Tex., 133 S. W. 1095.

money

de

65. Deposits in Solvent Bank.-An administrator is properly credited with posited in a solvent bank and subsequently lost by its unexpected failure.-Succession of Bertrand, La., 54 So. 127.

66. False Imprisonment-Incompetent Ward. -An incompetent's committee can maintain an action for false imprisonment for an unlawful taking of the ward from his custody, or the custody of those with whom he has placed him. -Barker v. Washburn, N. Y., 93 N. E. 958.

67. Federal Courts-Jurisdiction.-The question of the jurisdiction of a circuit court, when not the sole question determined, is reviewable by the Circuit Court of Appeals, on a writ of error bringing up the whole case.-Meeker v. Lehigh Valley R. Co., C. C. A., 183 Fed. 548. 68. Fire Insurance-Increase of Hazard.-A single effort by an unknown person to set fire to property covered by a fire policy held not within a stipulation of the policy.-Williamsburgh City Fire Ins. Co. v. Weeks Drug Co., Tex., 133 S. W. 1097.

69. Frauds, Statute Of Note of Another.An oral promise to pay the note of another held unenforceable under the statute of frauds. -Beeson v. Wright, Cal., 112 Pac. 1091.

ac

70.- Requisites.-The complaint in an tion on an express contract, good at common law before the statute of frauds, need not aver that the contract is in writing.-City of Ensley v. J. E. Hollingsworth & Co., Ala., 54 So. 95.

71. Fraudulent Conveyances-Intent.-A conveyance at a fair price to pay a bona fide debt is unaffected by the grantor's fraudulent intent. Savage v. Milum, Ala., 54 So. 180.

72. Gaming-Right to Recover Money.-At common law, money won in gaming could be recovered if the winner obtained it by drugging or intoxicating the loser. Summers V. Keller, Mo., 133 S. W. 1180.

73. Gas-Care Required.-A gas company, which failed to act with reasonable promptness in shutting off the gas from a house when requested and advised that gas was escaping therein and causing serious danger to the inmates, held liable for an injury to an occupant of the house from a subsequent explosion.Memphis Consol. Gas & Electric Co. v. Creighton, C. C. A., 183 Fed. 552.

74. Highways—Establishment.-To establish a public road by prescription, it must be shown, in addition to a continuous user for 20 years, that the use was as a matter of right and not by permission, and mere user without proof that the use adverse was under a claim of right does not show establishment by prescription. Merchant v. Markham, Ala., 54 So. 236. 75. Homicide-Excusable Homicide. The fact that a husband and wife live in the same house does not deprive either of the right to stop there and defend against the attack of the other.-Hutcherson v. State, Ala., 54 So. 119.

or

76. -Premeditation.-A design which precedes the killing long enough to allow reflection on whether to kill not, and for the formation of a definite purpose to kill, may be a deliberate and premeditated design to kill.People v. Chiaro, N. Y., 93 N. E. 931.

77. Husband and Wife-Alienation of Affection. The gist of an action for the alienation of the affections of a wife is the loss of consortium. Jenness v. Simpson, Vt., 78 Atl. 886.

78. Community Property.-Where surviv ing husband allows community property to be sold for taxes and, within the year for redemption, buys it from the tax purchaser, the claims of the heirs of the wife cannot be enforced against subsequent purchasers from the husband. Washington v. Filer, La., 54 So. 128.

79. Rights of Wife.-A married woman cannot appeal from a judgment without the authorization of her husband.-Succession of Honore, La., 54 So. 135.

plaintiff

80. Insurance Variance. Where alleged notice of injury to insurance company, and the evidence showed waiver of notice, the variance was fatal.-McLeod v. Travelers' Ins. Co., Ga., 70 S. E. 157.

81. Intoxicating Liquors-Licenses.-The revocation of a licensee to sell intoxicants for legal cause without repaying to the licensee any part of the lisensee fee infringes no constitutional right of the licensee.-State v. Burlington Drug Co., Vt., 78 Atl. 882.

82. Principals and Accessories.-All persons engaged in an unlawful sale of liquor are indictable as principals.-Merrill v. State, Ind., 93 N. E. 857.

83.- -Sales.-Where one purchased liquor, in violation of law, through the agency of another, held, that it was a sale to the party furnishing the money.-Wade V. State, Ala., 54 So. 171.

84.- -Search Warrant.-Though a search warrant for intoxicating liquor is issued upon an affidavit made by a non-resident under an assumed name, the warrant cannot on that account be quashed.-Toole v. State, Ala., 54 So. 195.

no

85.

Judgment-Subjects.-The

law knows such judgment as one against the "goods and estate" of a person named.-Mayberry v. Sprague, Mass., 93 N. E. 925.

86. Jury-Federal Constitution.-The provision in the federal constitution guaranteeing the right to trial by jury does not apply to trials in state courts under state constitutions and statutes.-Alford v. State, Ala., 54 So. 213. 87. Landlord and Tenant-Husband and Wife. A wife held not a sub-tenant of her husband who leased a store in his own name and ran a business there with his wife's goods. -Samuel Gans Co. v. Tyson, Ala., 54 So. 237.

88. Landlord's Title.-A tenant may show that the landlord's title has expired by limitation or by operation of law after the beginning of his tenancy.--Welchi v. Johnson, Okla., 112 Pac. 989.

89.- -Lease.-A lease of a saloon binding the lessor not to lease other property in the same street for the same business is not invalid, as a combination in restraint of trade. etc.Wheatley v. Kollaer, Tex., 133 S. W. 903.

90. -Mistake.-The mutual mistake on which a lease was executed held not only one but for which the lessee would not have executed it, but also to go to the essence of the contract, so as to entitle him to rescind.-Hannah v. Steinman, Cal., 112 Pac. 1094. 91.

-Right of Tenant to Remove Property.A tenant of land for a year held authorized, after the termination of the year, to take away within a reasonable time a crop which stood matured at the termination of the year.-Opperman v. Littlejohn. Miss., 54 So. 77.

92. Larceny Elements.-Knowledge that the act is wrong and intent to injure by depriving the owner of his property are essential to larceny.-Summers v. Keller, Mo., 133 S. W.

1180.

94.

Life Insurance-Non-Payment of Assessment.-Acceptance of assessments by the secretary of a life insurance company after forfeiture for non-payment of assessment held not to bind the company so as to waive insured's failure to pass a satisfactory medical examination upon his application for reinstatement.Conway v. Minnesota Mut. Life Ins. Co., Wash., 112 Pac. 1106.

95. Logs and Logging-Sales.-Where time was not of the essence of the contract of sale, subsequent acts of parties held not to require a more prompt delivery than that called for by the contract.-Salinas Valley Lumber Co. V. Magne-Silica Co., Cal., 112 Pac. 1089.

96. Mandamus-Permanent Relief.-There is no more objection to a court of law granting permanent relief by mandamus than there is to a court of equity granting a mandatory in

junction.-State v. Milwaukee Electric Ry. & Light Co., Wis., 129 N. W. 623.

97.

Marriage-Evidence.-That a person had a spouse living might be considered as tending to show that a marriage was not valid, but it is not sufficient to impeach the fact of a ceremonial marriage.-Clayton v. Haywood, Tex., 133 S. W. 1082.

98. Master and Servant-Defective Materials. -Master, setting apart specific material for a scaffold, must see that it is free from defects, and the workmen may assume that it is reasonably suitable.-Lee v. H. N. Leighton Co., Minn., 129 N. W. 767.

insufficient

99. Injury to Servant.-An warning by a master to a servant is, in legal effect, equivalent to no warning.-Fidelity Trust Co. v. Wisconsin Iron & Wire Works, Wis., 129 N. W. 615.

100. -Injury to Servant.-The law does not permit an employer to take any chances as to the safety of his employees.-Brown v. Sharphouser Contracting Co., Cal., 112 Pac. 874.

101. Injury to Servant.-Corporate employer held not liable for injuries to new employee inflicted by officer and employees in attempting to initiate him.-Medlin Milling Co. v. Boutwell, Tex., 133 S. W. 1042.

102. Mines and Minerals-Adverse Possession.-Deed of mineral rights by persons in adverse possession held not an abandonment of possession in favor of owner of legal title.Black Warrior Coal Co. v. West, Ala., 54 So. 200.

103. Mortgages-Foreclosure. If a foreclosure sale en masse is made with fraudulent intent, resulting in a sale for much less than it would have brought if sold in separate tracts, the sale will be set aside.-Meador v. Johnson, Okla., 112 Pac. 1121.

104. Foreclosure.-In a suit to reform a trust deed and to foreclose it as reformed, an answer in the nature of a cross-bill for an accounting, and denying the indebtedness as alleged, held not demurrable.-Wood v. Myer, Miss., 54 So. 73.

taxpayer

106. -Street Improvements-A need not tender the amount which in his judgment his property is benefited by a street improvement as a condition to suing to restrain a void assessment.-City and County of Denver v. State Inv. Co., Colo., 112 Pac. 789.

107. Negligence Imputable Negligence.Where one was injured through the negligence of a person with whom he was riding as guest and of a third person, the negligence of the driver was not imputable to him who exercised due care.-Littlefield v. Gilman, Mass., 93 N. E. 809.

108. Instructions.-A charge to the jury in an action for injuries at a railroad crossing, which purports to define "willful, wanton, or intentional negligence," must contain the constituents properly applied to each of the alternatives.-Louisville & N. R. Co. v. Calvert, Ala., 54 So. 184.

109. Nuisance-Persons

Entitled to Sue.

One in possession of real property, though not owner of the fee, may recover against one who operates a trip hammer nearby, the jar and concussion from which renders the possession less beneficial.-Brink v. Moeschl Edwards Corrugating Co., Ky., 133 S. W. 1147.

110. Officers-Compensation.-When a de facto officer is in the possession of an office under color of right, one claiming to be the de jure officer cannot sue for the salary or fees of the office without first establishing his right to the office by quo warranto.-Leonard V. City of Terre Haute, Ind., 93 N. E. 872.

111. Partition-Sale or Division.-A sale for partition will not be ordered, unless an equal division cannot be made in kind, or a sale of the land will better promote the interests of all parties. Shorter v. Lesser, Miss., 54 So. 155.

112. Partnership-Actions By.-A partnership cannot in absence of statute sue in the firm name, but must in the names of the individual partners, and the addition of the firm name to those of the partners does not make the action one by the firm, being merely descriptive of the persons suing.-Long v. Kansas City, M. & B. R. Co., Ala., 54 So. 62.

113. Principal and Surety-Liability.-Where stockholders of a corporation guaranteed its obligations to a bank, within certain limits, would be paid on demand, a demand against the guarantors was essential to a right of action on the guaranty.-First Nat. Bank of Waterloo v. Story, N. Y., 93 N. E. 940.

114. -Signatures.-The principal to a statutory bond must be a party thereto while the person in whose behalf a statutory undertaking is executed need not be party to it.-Deer Lodge County v. United States Fidelity & Guaranty Co. of Baltimore, Md., Mont., 112 Pac. 1060.

115. Quieting Title Cloud on Title.-A mortgagor who has paid the mortgage debt cannot maintain a bill to cancel the mortgage as a cloud upon her title, if she is not in pcssession of the mortgaged property when the action is brought.-Hardeman v. Donaghey, Ala., 54 So. 172.

116.- -Persons Entitled to Relief.-An action to quiet title cannot be maintained by the holder of an equitable title against one holding the legal title.-Los Angeles County V. Hannon, Cal., 112 Pac. 878.

117. Quo Warranto-Nature of Remedy.The remedy by information in the nature of quo warranto held subject for the exercise of a sound judicial discretion.-People v. Lease, Ill., 93 N. E. 783.

118. Railroads - Care Required.-Railroad company and traveler are bound to exercise the same degree of care to avoid injury at a railroad crossing, which care increases in proportion to the degree of danger.-Philadelphia, B. & W. R. Co. v. Buchanan, Del., 78 Atl. 776.

railroad

119.-Duty to Fence Tracks.-A company held not liable for injuries to stock on the right of way, in the absence of proof of negligence in the operation of trains.--Illinois Cent. R. Co. v. Clogston, Miss., 54 So. 75.

120. Duty Toward Intoxicated Passenger. -A carrier, which by collecting fare from a person known to be intoxicated accepts him as a passenger, is bound to exercise reasonable care for his safety having reference to his known condition.-Donovan v. Greenfield & T. F. St. Ry. Co., C. C. A., 183 Fed. 526.

121. Fences.-The statutes requiring railroad companies to fence their tracks is to keep stock off the track, as well as to keep them from trespassing on adjoining fields.-Berkbigler v. Cape Girardeau & C. R. Co., Mo., 133 S. W. 1170.

122. -Injuries at Crossing.--In a complaint against a railroad company for injuries at a crossing, the allegation that plaintiff's peril was "apparent to the servants or agents of defendant" held not equivalent to an allegation that said servants knew of the peril of the plaintiff.-Louisville & N. R. Co. v. Calvert, Ala., 54 So. 184.

123. Invitation Extended for Crossing Cars. -A railroad brakeman has no implied authority to invite a pedestrian to climb over cars obstructing a crossing.-Westbrook v. Kansas City, M. & B. R. Co., Ala., 54 So. 231.

124.- -Operation of Telegraph Lines.-The operation of telegraph and telephone lines and necessary instruments is an incident to the operation of railroads.-City of Logansport v. Smith, Ind., 93 N. E. 883.

125. -Safety Appliances Statutes.-The duty of railroads engaged in interstate commerce to comply with the statutes in regard to safety appliances is absolute, and in suits by the United States for penalties thereunder, where the failure to comply with the statutory quirements is clearly proved, no excuses sufficient to constitute a defense, and it is not error for the court to direct a verdict for the plaintiff.-Galveston, H. & S. A. R. Co. v. United States, C. C. A., 183 Fed. 579.

reare

126. Receivers Remedy of Conditional Seller. Where goods are conditionally sold, the

seller retaining title until payment and the right to retake possession on default of payment, the seller may assert title against the receiver on the buyer's insolvency or waive that right, and come in under a general creditor's claim.-Sumner Iron Works v. Wolten, Wash., 112 Pac. 1109.

127. Tenants in Common.-A tenant in common pending a partition suit against a cotenant held entitled to the appointment of a receiver.-Hodgin v. Hodgin, Ind., 93 N. E. 849.

128. Release-Release of One Joint Tort Feasor. An agreement by one libeled by an article in defendant newspaper not to sue the correspondent, at whose instance the article was published, in consideration of the latter having a retraction published, held not to prevent an action against defendant.-Louisville Times Co. v. Lancaster, Ky., 133 S. W., 1155.

129. Replevin-Pleading.-Where a petition is filed in replevin, it determines whether a cause of action has been stated and is not affected by defects in the affidavit or bond.Jantzen v. Emanuel German Baptist Church, Okla., 112 Pac. 1127.

130. Sales-Executory Contracts.-Every executory contract of sale must definitely fix the price or provide some method for ascertaining it, in order to be enforceable.--Elmore, Quillian & Co. v. Parish Bros., Ala., 54 So. 203.

an ex

131. -Rescission.-A buyer under press or implied warranty who seeks to rescind held required within a reasonable time to return or offer to return the goods.-First Nat. Bank of Chicago v. Mineral Wells & L. P. St. Ry. Co., Tex., 133 S. W. 1099.

132. Tender of Delivery.-Where the sellers offered to deliver goods bought at the buyers' place of business, and the buyers declined the offer, the sellers were not bound actually to carry the goods there.-W. M. Scott & Co. v. Atlanta Wood & Iron Novelty Works, Ga., 70 S. E. 142.

En

133. Specific Performance-Contracts forceable. One purchasing lands under an executory contract to convey held not entitled to compel specific performance of the agreement; the land being state school land, and the agreement being collusive for the purpose of defrauding the state.-Purington v. Brown, Tex., 133 S. W. 1080.

134. Improvements.-When a parol purchaser has been fully compensated for his improvements or has gained more by his possession than he has expended in improvements, such improvements will not avail him as a ground for specific performance.-Cook v. Erwin, Tex., 133 S. W. 897.

135. Statutes-Construction.-Statutes

must

be construed according to the natural, obvious, and popular meaning of their language.-Hemmingson V. Carbon Hill Coal Co., Wash., 112 Pac. 1111.

136. Street Railroads-Frightening Animals. -Those in charge of a street car are guilty of negligence in doing anything which increases the terror of a frightened horse.-Owensboro City R. Co. v. Wall, Ky., 133 S. W. 1145. 137. Frightening Animals.-A street railway company is not liable for injuries to the occupants of a vehicle, by the horse becoming frightened at the approach of a car, in the absence of a showing of wanton or malicious disregard for their safety by the motorman.Evansville Electric Ry. Co. v. Folz, Ind., 93 N. E. 866.

138. Taxation-Corporate Shares and Capital Stock.-For purposes of taxation, the capital stock of a corporation and the shares held by stockholders are separate distinct entities. Elmwood Cemetery Co. v. Tarrant, Ala., 54 So. 186.

139. Double Taxation.-The taxation of both the capital stock and property of a corporation and of the shares of its stock is double taxation, in contravention to the Constitution.-Dallas County V. Home Fire Ins. Co., Ark., 133 S. W. 1113.

140. Telegraphs and Telephones-Damages for Delaved Message.-On delay of a telegram announcing death, held that addressee could recover damages for mental anguish resulting from her inability to attend the burial.-Smith

V.

Postal Telegraph-Cable Co. of Texas, Tex., 133 S. W. 1041.

141. Trespass-Criminal Liability.-In order to constitute the offense of trespass after warning, it is necessary to show that the warning was given by the person in possession, or his duly authorized agent.-Woodruff v. State, Ala., 54 So. 240.

142. Trial-Directed Verdict.-Where both' parties ask for a directed verdict, neither can complain that the court erred in directing a verdict, though the losing party may except that the verdict directed was erroneous.-Mims v. Johnson, Ga., 70 S. E. 139.

143. -General Verdict.-A general verdict cannot be disturbed by answers to special interrogatories unless they are in irreconcilable conflict with the general verdict.-City of Logansport v. Smith, Ind., 93 N. E. 883.

144. Trusts-Acts of Trustees.-One occupying a trust relation cannot place himself in a position which will subject him to conflicting duties or expose him to the temptation of acting contrary to the interest of the party to whom he owes a duty.-City of Chicago v. Tribune Co., Ill., 93. N. E. 757.

145. Notes by Trustee. A trustee, giving a note as such for borrowed money, being individually liable thereon, has a remedy over against the trust estate, of which the noteholder can avail himself, if the trustee was authorized to borrow.-Dunham v. Blood, Mass., 93 N. E. 804.

146.- -Resulting Trusts.-The rule that every element essential to the existence or creation of a resulting trust in any given case must be shown grows out of the policy pursued under the statute of frauds, and its enforcement is essential to secure the enjoyment of real property.-Kjolseth v. Kjolseth, S. D., 129 N.

W. 752.

147. Usury-Persons

Entitled to Assert.Since the plea of usury is personal to the one alleging it, one acknowledging and agreeing to pay a usurious note barred by limitations could only claim the advantage of the usury law from the time she agreed to pay the note; her agreement being a new promise.--Vinson v. Whitfield, Tex., 133 S. W. 1095.

148. Vendor and Purchaser-Foreclosure of Land Contract.-Where a foreclosure decree provides for the sale of the land, it is no personal liability against the defendant until after the land is sold and the deficiency is reported, and subsequent proceedings are taken to secure deficiency decree.-Kelly V. Gaukler, Mich., 129 N. W. 703.

an

a

149. -Title of Vendor.-Tendor of merchantable title held condition precedent to enforcement of demand for purchase money for land under contract which must be dealt with as an entirety. Strauss v. Yeager, Ind., 93 N. E. 877. 150. Unrecorded Contracts.-Knowledge of unrecorded contract affecting immovables does not affect the rights of a third person acquiring the property on the faith of the recorded title.-Sorrel v. Hardy, La., 54 So. 122. 151. Waters and Water Courses-Res Ipsa artificial Loquitur.-If an water tank bursts and the escaping water injures the property of an adjoining proprietor, negligence will be presumed.-Weaver Mercantile Co. v. Thurmond,

W. Va., 70 S. E. 126.

152.- -Water Companies.-A water company can require a consumer to so apply water as not to menace the safety, stability or usefulness of the system, nor injuriously affect other consumers.-Kimball v. Northeast Harbor Water Co., Me., 78 Atl. 865.

153. Wills Attestation.-Where a will offered for probate contains a formal attestation clause, the burden of proof is thereby thrown upon the contestant.-Bloom v. Terwilliger, N. J., 78 Atl. 742.

154. Work and Labor-Services of Child.—A promise by a parent to pay for services by a child in the household is not implied from the rendition of the services, nor does the fact that the child lives, boards and works for the parents after becoming of age entitle it to pay for such services.-Danyew v. Powers' Estate, Vt., 78 Atl. 785.