§ 90. In an action on a contract by which defendant, in consideration of "one dollar and other good and valuable considerations," agreed with her husband to pay to certain persons, including plaintiff's assignor, specified sums of money after the death of the husband, evidence held to show that the consideration of such contract was the transfer by the husband to defendant of all his property.-Fearnley v. Fearnley (Colo.) 819. (E) VALIDITY OF ASSENT. 752. (D) PLACE AND TIME. § 211. Forfeitures for breach of contract are sustained on the theory that time is of the essence of the contract.-Spedden v. Sykes (Wash.) § 214. A contract by a city for the construction of wells of a certain capacity for 14 months construed, and held, that the contractor was entitled to payment before the expiration of 14 months.-Green v. City of Ballard (Wash.) 95. $215. A contract to support plaintiff held not abrogated by her subsequent marriage to another.-Henderson v. Spratlen (Colo.) 14. (E) CONDITIONS. § 92. Where parties enter into a verbal contract, when they are both capable of contracting. a written agreement afterwards executed embodying the terms of the verbal contract is binding, though at the time of its execution one of the parties was mentally incapable of enter-on to work a forfeiture, must be created by § 226. Conditions subsequent, when relied ing into a contract.-Fearnley v. Fearnley (Colo.) 819. express terms or clear implication.-Davidson v. Ellis (Cal. App.) 254. § 94. A single material misstatement knowingly made, with intent to influence another into entering into a contract, is, if believed and relied on by the latter, a ground for the rescission of the contract.-Davis v. Butler (Cal.) 1047. § 99. In an action on a contract, evidence held insufficient to show that defendant when she executed the contract had no knowledge of its contents and was mentally incapable of comprehending its terms.-Fearnley v. Fearnley (Colo.) 819. (F) LEGALITY OF OBJECT AND OF CON SIDERATION. § 112. A promise to marry held not invalid as made in consideration of present or future sexual intercourse.-Henderson V. Spratlen (Colo.) 14. § 121. The rule that a contract which gives to one the management of a corporation on the same terms as other stockholders is void, because depriving the stockholders of the right to elect their trustees, is not changed by the fact that the stockholders are few.-Hampton v. Buchanan (Wash.) 374. § 121. A contract giving to one the management of a corporation on the same terms as other stockholders held void.-Hampton Buchanan (Wash.) 374. II. CONSTRUCTION AND OPERA TION. (A) GENERAL RULES OF CONSTRUCTION. V. § 143. A contract must be construed as a whole, and not in detached parts.-Town of Sterling v. Hurd (Colo.) 174. $147. In construing a contract, the first thing to be ascertained is the intention of the parties, which may be gathered from the circumstances surrounding the transaction and from a consideration of the subject-matter and the situation of the parties.-Fearnley v. Fearnley (Colo.) 819. § 161. To determine whether a particular clause of a contract is supported by a consideration, the court may examine the entire contract and consider the facts and circumstances connected with its execution.-Fearnley V. Fearnley (Colo.) 819. § 170. A contracting party will be held to that meaning of the words employed which he knew the other party supposed the words to bear, the words being susceptible of such meaning. Fearnley v. Fearnley (Colo.) 819. (B) PARTIES. $187. It is not necessary that the parties for whose benefit a contract has been made should be named therein.-Bacon v. Davis (Cal. App.) 71. IV. RESCISSION AND ABANDONMENT. Rescission of exchange of property, see Exchange of Property, § 3. $259. Under Civ. Code, § 1689, a party induced to consummate an exchange of property by fraud, in the absence of a waiver, if she acts promptly, may rescind or complete the contract and sue for damages.-Shopbell v. Boyd (Cal. App.) 69. permitted to take advantage of the invalidity of § 266. The rule that neither party will be a contract while retaining the benefits applies only to voidable, and not to void, contracts.Independent School Dist. No. 5 v. Collins (Idaho) 857. § 270. Whether one induced by fraud to enter into a contract promptly elected to rescind on the ground of fraud, as required by Civ. Code, § 1691, is a question of fact.-Davis v. Butler (Cal.) 1047. V. PERFORMANCE OR BREACH. of an obligation by one of several persons who $280. Under Civ. Code, § 1474, performance are jointly liable extinguishes the liability of all.-Los Angeles Nat. Bank v. Vance (Cal. App.) 58. § 286. Under a building contract, the acceptance by the owner's overseer of work as the construction progresses is not conclusive upon the owner, unless plainly so specified in the contract.-Town of Sterling v. Hurd (Colo.) 174. ties to a contract that an arbiter's determina§ 286. Effect of an agreement between partion shall be conclusive on certain matters stated.-Town of Sterling v. Hurd (Colo.) 174. VI. ACTIONS FOR BREACH. Election between counts, see Pleading, § 369. § 346. A plaintiff relying on a waiver of conditions of his contract must both plead and prove such waiver.-Poheim v. Meyers (Cal. App.) 65. CONTRADICTION. Of record, see Appeal and Error, § 666. CONTRIBUTION. Promises to contribute, see Subscriptions. 6. Under Civ. Code, & 1432, a party to a joint, or joint and several obligation, who pays more than his share of the claim, may compel contribution from the others.-Los Angeles Nat. Bank v. Vance (Cal. App.) 58. § 6. Where testator's liability on a subscription was several, it was extinguished only, TION. under Civ. Code, § 1473, by payment, either by | I. INCORPORATION AND ORGANIZAtestator or some one on his behalf, so it was unenforceable in a suit by other subscribers.Los Angeles Nat. Bank v. Vance (Cal. App.) 58. CONTRIBUTORY NEGLIGENCE. See Negligence, §§ 80, 83. As defense in action by parent for death of Of person injured by operation of railroad, see Of person injured by operation of street rail- Of servant, see Master and Servant, § 233. CONTROVERSY. Amount or value in controversy as determining jurisdiction of courts, see Courts, § 251. CONVERSION. Wrongful conversion of personal property, see CONVEYANCES. In fraud of creditors, see Fraudulent Convey ances. sons. Certainty of contract with promoters, see Contracts, § 9. II. CORPORATE EXISTENCE AND FRANCHISE. 31. The word "franchise," as applied to corporations, defined.-Blackrock Copper Min. & Mill. Co. v. Tingey (Utah) 180. 8 40. Laws 1870, p. 14, held not an amendment of the articles of a corporation organized to improve a navigable stream with canal and locks.-State v. Portland General Electric Co. (Or.) 160. IV. CAPITAL, STOCK, AND DIVI- (D) TRANSFER OF SHARES. Prosecution for obtaining money by false pretenses, see False Pretenses, § 52. § 116. A buyer of corporate stock held entitled to rely on the seller's representations as to the indebtedness of the corporation.-Davis v. Butler (Cal.) 1047. § 116. A misrepresentation as to the indebtedness of a corporation, made to induce one to buy corporate stock, held to justify the buyer in rescinding the contract.-Davis v. Butler In trust, see Trusts, §§ 1-612. See Easements, §§ 1-36. Water rights, see Waters and Water Cours- Particular classes of conveyances. CONVICTS. Right to speedy trial, see Criminal Law, § 573. $5. Sentence for one felony does not bar prosecution for another, and a convict is not exempt from trial and sentence for another crime committed before or during imprisonment.-State v. Keefe (Wyo.) 122. CORONERS. Proceedings at inquest as evidence on trial for homicide, see Homicide, § 224. CORPORATIONS. Creation of by special law, see Statutes, § 80. Legality of object of contract to secure control Prohibition to control action of corporation com- Particular classes of corporations. Banks, see Banks and Banking, §§ 26-74. § 117. In a suit to rescind a contract for the purchase of corporate stock on the ground of misrepresentations, evidence held to justify a finding that plaintiff did not delay an unreasonable time in electing to rescind after the discovery of the fraud.-Davis v. Butler (Cal.) 1047. § 117. The complaint in an action to rescind a contract for the purchase of corporate stock held to allege that plaintiff offered to do everything necessary to accomplish a transfer of the stock by him to defendant.-Davis v. Butler (Cal.) 1047. § 117. In an action to rescind a contract for the purchase of corporate stock on the ground of misrepresentations as to the indebtedness of the corporation, evidence held to justify a finding that defendant had stated to plaintiff that the indebtedness of the corporation did not exceed $1,530, while it actually amounted to $2,800.-Davis v. Butler (Cal.) 1047. V. MEMBERS AND STOCKHOLDERS. (A) RIGHTS AND LIABILITIES AS TO CORPORATION. § 189. A complaint in an action against a corporation and majority stockholders by a minority stockholder held to state facts warranting relief to the minority stockholder.Hampton v. Buchanan (Wash.) 374. $ 189. In an action against a corporation and majority stockholders by a minority stockholder, the court held required to appoint a receiver to settle the affairs of the corporation, unless the majority stockholders will offer a reasonable adjustment.-Hampton v. Buchanan (Wash.) 374. VI. OFFICERS AND AGENTS. $309. A corporation held not liable on notes issued pursuant to a resolution of its directors in payment of money payable only out of a cer tain fund.-Gold Glen Mining, Milling & Tunneling Co. v. Stimson (Colo.) 727. 1 VII. CORPORATE POWERS AND LIABILITIES. Reformation of defectively executed instrument in nature of corporate mortgage, see Reformation of Instruments, § 12. (B) REPRESENTATION OF CORPORATION BY OFFICERS AND AGENTS. $413. The general manager of a corporation selling lumber at retail has no power, through his employment, to borrow money for his company and to issue its note therefor.-Rizzuto v. R. W. English Lumber Co. (Colo.) 728. § 414. A resolution of directors conferring power on an executive committee held to au thorize the committee to indorse a note for a loan to be used for the corporation's current business.-Tilden v. Goldy Mach. Co. (Cal. App.) 39. CORRECTION. Of irregularities and errors at trial, see Trial, § 419. Of record on appeal or writ of error, see Appeal and Error, §§ 635-655. COSTS. Imposition of, as condition to granting continu- I. NATURE, GROUNDS, AND EXTENT OF RIGHT IN GENERAL. § 12. The court may in its discretion, on adjustment of conflicting claims in a stream, adjudge that each party pay his own costs.Hough v. Porter (Or.) 1083. V. AMOUNT, RATE, AND ITEMS. § 175. Gen. St. 1868, c. 39, § 18, requiring that jury fees in civil cases shall be collected from the successful party and taxed as costs in the action, remains in full force.-State v. Hoover (Kan.) 276. § 425. A corporation held estopped to deny the authority of its executive committee to indorse a note for money which it knowingly received and used in its business.-Tilden v. § 181. The successful party in an original Goldy Mach. Co. (Cal. App.) 39. proceeding in the Supreme Court held not en§ 426. A contract between a light and pow-titled to recover for the fee paid the clerk of er company and a paving company to pave the district court for certifying certain papers along the line of a street railway company to be attached to his petition.-Cronan v. Diswith which the former company had a contract trict Court of First Judicial Dist. (Idaho) 614. to furnish power held binding on such former company, though signed by its president, who was also president of the street railway company, where his action was ratified by the directors of the light and power company.-Derr v. Fisher (Okl.) 978. § 431. A contract held one made by an agent in his own name for an undisclosed principal, so that the principal could recover the amount due the agent thereunder.-Wilcox-Rose Const. Co. v. Evans (Cal. App.) 83. § 432. Evidence held insufficient to show that a corporation ratified its general manager's unauthorized act in borrowing money for it and issuing its note therefor.-Rizzuto v. R. W. English Lumber Co. (Colo.) 728. (D) CONTRACTS AND INDEBTEDNESS. § 447. Corporations possess the powers expressly conferred and such implied powers as are necessary to the exercise of their express powers.-Derr v. Fisher (Okl.) 978. $ 447. A light and power company held to have power to contract with a paving company for paving along the line of a street railway company with which it had a contract to fur-§ nish power.-Derr v. Fisher (Okl.) 978. (F) CIVIL ACTIONS. § 522. A judgment by default against domestic corporation as garnishee held void un § 190. It is the custom in the Supreme Court, to receive typewritten briefs in original pro ceedings, and the cost of printing a brief in such a proceeding cannot be taxed.-Cronan v. District Court of First Judicial Dist. (Idaho) 614. $ 190. In original proceedings in the Supreme Court, presented on a typewritten complaint or petition, the successful party is not entitled to recover 75 cents per page allowed for printing transcripts.-Cronan v. District Court of First Judicial Dist. (Idaho) 614. VII. ON APPEAL OR ERROR, AND § 233. The right of respondent to his costs on appeal held not affected by the fact that the court, though affirming the judgment, remanded the cause with directions for the entry of a supplemental order modifying the judgment.-Ami Co. v. Tide Water Lumber Co. (Wash.) 380. § 254. Cost of copying testimony transcribed from shorthand notes under B. & C. Comp. 906, for use in a bill of exceptions, held not taxable as a disbursement on appeal.-Allen v. Standard Box & Lumber Co. (Or.) 509. CO-TENANCY. der Laws Ark. Mansf. Dig. § 4979 (Ind. T. See Tenancy in Common. COUNCIL. § 522. In an action for the wrongful dis- See Municipal Corporations, §§ 108-122. charge of an employé of a corporation, the judgment for the employé must be against the corporation.-Hampton v. Buchanan (Wash.) 374. XII. FOREIGN CORPORATIONS. § 668. An agent within the state which received and distributed goods forwarded by a foreign storage and transfer company, is such an agent as may be served with process, within Ballinger's Ann. Codes & St. § 4875 (Pierce's Code. §§ 332, 333).-Lee v. Fidelity Storage & Transfer Co. (Wash.) 658. See Forgery. COUNTERFEITING. COUNTIES. See Municipal Corporations. I. CREATION, ALTERATION, EXIST- Judicial notice as to territorial extent in crim- II. GOVERNMENT AND OFFICERS. (B) COUNTY SEAT. § 26. Act Feb. 2, 1899 (Sess. Laws 1899, p. 60) § 118, relative to the holding of general and special elections, is still in force in reference to the size, form, and manner of preparation of ballots for county seat removals.Whitla v. Quarles (Idaho) 631. § 28. Secretary of State held not required to determine geographical center of any county under Const. art. 17, § 6 (Bunn's Ed. § 333), until needed for the purpose of county seat elections.-City of Blackwell v. Cross (Okl.) 905. § 35. Act Feb. 2, 1899 (Sess. Laws 1899, p. 44) § 48, relating to the holding of general and special elections as amended by Act Feb. 27, 1905 (Sess. Laws 1905, p. 311), does not apply to ballots to be used in county seat removal elections.-Whitla v. Quarles (Idaho) 631. not to control exercise of the discretion in making a levy within the limitations prescribed by statute.-State v. Boerlin (Nev.) 402. V. CLAIMS AGAINST COUNTY. Mandamus to compel payment, see Mandamus, § 109. VI. ACTIONS. § 222. A complaint against the city and county of Denver on the theory that the claim was a liability of the former county of Arapahoe, payment of which was assumed under Const. art. 20, which failed to allege that the claim was presented to the new county as required by Mills' Ann. St. § 801, held fatally defective.-City & County of Denver v. Bottom (Colo.) 13. COUNTY BOARD. See Counties, §§ 47, 52. COUNTY SEAT § 35. In determining whether a town has received a majority of the votes cast at a county seat election, pursuant to Const. art. 17, § 6 (Bunn's Ed. §§ 328-334), ballots on See Counties, §§ 26-35. which the election officials have placed numbers, if otherwise valid, should be counted.Town of Eufaula v. Gibson (Okl.) 565. § 35. In determining whether a town has received a majority of the votes cast at a county seat election, pursuant to Const. art. 17, § 6 (Bunn's Ed. §§ 328-334), held, that certain ballots should be excluded in making up the aggregate number of which such majority is to be computed.-Town of Eufaula v. Gibson (Okl.) 565. § 35. Where it is alleged that a town declared to have received a majority of the votes cast for county seat did not in fact receive such majority, but that there were other ballots not counted proper to be considered, the ballots themselves were the best evidence.Town of Eufaula v. Gibson (Okl.) 565. COUPONS. Interest coupons, action for proceeds collected, see Money Received, § 11. COURT COMMISSIONERS. § 2. Fees of a commissioner appointed in an equity case in the district court are not fixed or regulated by Rev. St. 1899, §§ 4537, 4541, but should be allowed by the court in which the appointment was made, under section 3335.-Weltner v. Thurmond (Wyo.) 601. § 2. Fees of a master commissioner are not necessarily to be fixed by the standard of judicial salaries in the state, but in accordance with the character of services, the amount in controversy, and the standing of the com$35. A majority of all the votes cast at a missioner.-Weltner v. Thurmond (Wyo.) 601. county seat election, pursuant to Const. art. 17, § 6 (Bunn's Ed. §§ 328-334), including § 2. An order allowing a master commisthose ballots which are mutilated and unintel- sioner $500 for his services in taking testiligible, held required to effect a removal.-mony and returning findings of fact and law, Town of Eufaula v. Gibson (Okl.) 565. with an opinion, held not excessive.-Weltner v. Thurmond (Wyo.) 601. (C) COUNTY BOARD. § 47. Scope of the power of county commissioners, stated.-State v. Boerlin (Nev.) 402. § 52. The meeting of county commissioners at which they are required to elect a chairman (Gen. St. 1901, § 1636) is a regular meeting within the provision that road petitions shall be presented at regular meetings (section 6018) and road viewers be then appointed.-Molyneux v. Grimes (Kan.) 278. (D) OFFICERS AND AGENTS. Mandamus to, see Mandamus, § 109. Power of county judge to issue injunction from district court in absence of district judge, see Injunction, § 139. IV. FISCAL MANAGEMENT, PUBLIC § 191. Mandamus held not to lie to compel county commissioners to meet and abate a special tax levy for the Court House Bond Fund created by Special Act Feb. 28, 1907 (St. 1907, p. 57, c. 30).-State v. Boerlin (Nev.) 402. § 191. Under Act March 19, 1891, p. 189, c. 100, as amended by St. 1893, p. 119, c. 113 (Comp. Laws, § 1232), mandamus held to lie to compel county commissioners to meet and consider a petition to reduce a tax levy, but and action of such court which is merely erro-manded was fixed to include two counts, so § 1. Jurisdiction depends upon the right of claimed in each respectively is less than $300. 842. § 1. Whether the particular facts authorize § 18. An action to establish and enforce 19. The court has jurisdiction to estab- § 35. In a suit to impeach a decree distrib- § 35. Where the superior court makes a de- II. ESTABLISHMENT, ORGANIZA- GENERAL. RIOR JURISDICTION. § 183. Const. art. 7, § 14 (Bunn's Ed. § VI. COURTS OF APPELLATE JURIS- DICTION. (A) GROUNDS OF JURISDICTION IN § 206. The Supreme Court has no control § 207. The Supreme Court, under Const. art. (B) COURTS OF PARTICULAR STATES. § 251. The Supreme Court held without ju- § 251. Under Const. art. 4. § 4, and Ball- Establishment by special or local laws, see Stat-inger's Ann. Codes & St. § 4650 (Pierce's Code, (B) TERMS, VACATIONS. PLACE AND § 66. Adjourned sessions of court held aft- § 66. The district courts of Oklahoma Ter- (D) RULES OF DECISION, ADJUDICA- § 4330), the amount in controversy is that which VIII. CONCURRENT AND CONFLICT- (A) COURTS OF SAME STATE, AND In habeas corpus, see Habeas Corpus, § 46. § 474. An application for guardianship of COVENANTS. In insurance policies, see Insurance, §§ 323-349. COVERTURE. $ 90. Where the Supreme Court has made a CREDIBILITY. § 91. Decisions of appellate courts have pre- Of witness, see Witnesses, §§ 324-388. III. COURTS OF GENERAL ORIG- (A) GROUNDS OF JURISDICTION IN § 122. Under Const. art. 6, § 5, a demurrer CREDITORS. See Bankruptcy; Fraudulent Conveyances. CREDITORS' SUIT. Proceedings supplementary to execution as sub- |