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PRINCIPAL AND SURETY.

Bail bond, see BAIL AND RECOGNIZANCE.
Guaranty, see GUARANTY.
Presentation of claim to executor or ad-

ministrator before bringing action
to enforce deceased surety's liability.

34-387.
Restoration of status quo as condition of

avoidance of incompetent's contract
of suretyship, see INCOMPETENT PER-
SONS.

Assault in defense of, see ASSAULT AND

BATTERY.
Condemnation of, see EMINENT DOMAIN.
Corporate property rights, see CORPORA-

TIONS.
Due process of law in protection of prop-

erty rights, see CONSTITUTIONAL LAW.
Homicide in defense of, see HOMICIDE.
Husband's and wife's property rights, see

HUSBAND AND WIFE.
Police power as to, see CONSTITUTIONAL

LAW.
Validity of contract for sale of informa-

tion as to property rights, see CoN-

TRACTS.
Subjects of property.
Business or profession as included in

property.34–716 (case p. 712).

PRIORITIES.

See PREFERENCE AND PRIORITIES.

PRIVILEGED COMMUNICATIONS.

Libelous or slanderous communication, see

LIBEL AND SLANDER.

PROSECUTING ATTORNEYS.
See DISTRICT AND PROSECUTING ATTOR-

NEYS.

PRIVITY.

Joinder of parties as depending on priv-

PROVOCATION.
ity of contract, see PARTIES.
Negligence, effect of absence of privity

Arrest without warrant for offense pro-
on liability for, see NEGLIGENCE.

voked by officer, see FALSE IMPRISON-

MENT.

Libel or slander, provocation as defense,
PROBABLE CAUSE.

see LIBEL AND SLANDER.
Conversion, want of probable cause
element of, see TROVER AND CONVER-

PROXIMATE CAUSE.
SION.
Malicious prosecution, probable cause for, Effect of intervening cause.
see MALICIOUS PROSECUTION.

General rules as to. 34-516.
The dash in each citation stands for A.L.R.

as

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PUNITIVE DAMAGES.

See DAMAGES.

PURCHASE MONEY.

See SALE; VENDOR AND PURCHASER.

Street railway's duty to pave.
County's paving of portion of village

street as part of trunk highway sys-
tem as affecting franchise provision
requiring street railway to pave be-

tween tracks. 34-1408.
Financial inability to comply with duty
to pave.

34-1408.
Removal of one track after pavement has

been laid to edge of double tracks,

effect. 34-1408.
Space to be saved where double tracks

have been laid. 34-1408.
Wilfulness, absence of, as affecting failure

to comply with duty. 34-1408.
Exemption from assessment.
Exemption of charitable organization

from special assessments. 34-687.
Y. M. C. A. or Y. W. C. A. as exempt

from special assessments. 34-1078.

PURPRESTURE.

See WORDS AND PHRASES.

QUALIFICATIONS.

Juror's qualifications, see JURY.

QUALITY.

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See also CARRIERS; ELECTRICITY; GAS;
RAILROADS; STREET RAILWAYS; TELE-

RAILROADS.
GRAPHS; TELEPHONES; WATERS.

Condemnation of property by, see EMI-
What constitutes.

NENT DOMAIN.
General rule as to. 34-171.
Presumption of intent to dedicate prop-

For all questions involving the duty and

liability of railroad company as a
erty to public utility service see Evi-

carrier to its patrons or the public,
DENCE.

or governmental control of railroad
Change of status from public utility to companies, see CARRIERS.
private corporation.

Street railways, see STREET RAILWAYS.
Regaining of its private status by

poration after having become sub- Injury to person near track.
ject to the duties and obligations of Postal clerk on train, liability of railroad
a public utility. 34-175 (case' p.

company for injuries from negli-
171).

gence of. 34-520 (case p. 516).
Italic type indicates points with annotation; roman type, points without.

cor-

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Guarantor's release, see GUARANTY.
What included in.
Property, release from liability for injury

to, as including injury to business.

34-712.
Tenant's release of landlord from liability

for damage to his "person or prop-
erty" during reconstruction of build-
ing, as including damages to plain-
tiff's business. 34-712.

RELEVANCY.

see

Of evidence, see EVIDENCE.

Contract for sale of, see VENDOR AND

PURCHASER.
Covenants or conditions as to, see COVE-

NANTS AND CONDITIONS.
Damages for injuries to, see DAMAGES.
Deeds to, see DEEDS.
Due process of law in protection of prop-

erty rights, CONSTITUTIONAL

LAW.
Easements in, see EASEMENTS.
Evidence as to rights in, sufficiency, see

EVIDENCE.
Mortgage on, see MORTGAGE.
Police power as to, see CONSTITUTIONAL

LAW.
Quieting title, see CLOUD ON TITLE.
Sale of, see VENDOR AND PURCHASER.
Trespass on, see TRESPASS.
Upward extent of owner's rights. 34–32.

RELIANCE.

Estoppel as affected by reliance of party

asserting, see ESTOPPEL.

RELIGIOUS SOCIETIES.

Exemption of, from taxation, see TAXES.

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SALE.
RESTRICTIVE INDORSEMENTS.
See BILLS AND NOTES.

License tax on, as interference with inter-

state commerce, see COMMERCE.

Note or draft, sale of, see BILLS AND
RETAINING JURISDICTION.

NOTES.

Real property, sale of, see VENDOR AND
Equity's retention of jurisdiction, see

PURCHASER.
EQUITY.
Justice's retention of jurisdiction, see

Consideration.
JUSTICE OF THE PEACE.

See CONTRACTS.
Description of property.

Conclusiveness of description of property
RETREAT.

in bill of sale, see EVIDENCE.
Duty of one attacked to retreat, see HOMI- Price.
CIDE.

Modification of contract price, see post.
Italic type indicates points with annotation; roman type, points withont.

as

Warranty.

waiver of right to.
Automobile or truck sold by retail deal- Automobile or truck, use thereof, as

er, express or implied warranty of waiver of right to rescind purchase.
quality, condition, or fitness of. 34- 34-547.

535 (case p. 533).
Damages for breach of warranty, see
DAMAGES.

SANITY.
Evidence to warranties and their
breach, see EVIDENCE.

See INCOMPETENT PERSONS.
Rescission for breach of warranty, see

post.
Set-off of damages for breach of warranty

SATISFACTION.
in action for purchase price, see SET-
OFF AND COUNTERCLAIM.

Generally, see ACCORD AND SATISFACTION.
Performance; breach.
Notice by buyer of intention not to accept

SCAB,
goods as a breach of the contract as
of that date. 34-108.

Definition of, see WORDS AND PHRASES.
waiver of breach.
Modification of price on buyer's refusal to
accept goods at contract price as

SCHOOLS.
waiver of breach. 34-508.
Rescission, waiver of right to, see post.

Exemption of, from taxation, see TAXES.

Highway adjacent to school playground,
- anticipatory breach.

temporary closing of, see HIGHWAYS
Acquiescence by other party in premature AND STREETS.

breach, necessity of. 34-108.
Damages as affected by anticipatory repu-
diation of contract, see DAMAGES.

SCIENTIFIC EXPERIMENTS.
- effect of accepting goods.

Evidence by means of, see EVIDENCE
Waiver of right to rescission of contract

by acceptance or use of goods, see
post.

SEAL.
remedies of seller.
Action for damages on refusal of buyer

Pardon, necessity of seal. 34-212 (case
to take goods. 34-508.

p. 206).
Action for purchase price on refusal of

buyer to take goods. 34-508.
Damages for buyer's breach of contract,

SECONDARY EVIDENCE.
see DAMAGES.

See EVIDENCE.
Refusal to take goods at contract price,

remedy of seller. 34-508.
Resale on premature repudiation of_con-
tract by buyer, duty as to, see DAM-

SECRET SOCIETIES.
AGES.

Evidence in libel action as to membership
Resale, right to resell property refused by

in, see EVIDENCE.
buyer and sue for difference between
price obtained and contract price.

34-508.
remedies of buyer.

SECURITIES.
On breach of warranty, see ante.

Damages for breach of contract to pay a
Rescission of contract, see post.

specific amount in securities, see
Set-off or counterclaim in action for pur- DAMAGES.

chase price, see SET-OFF AND COUN-

TERCLAIM.
Modification of contract.

SEDUCTION.
Consideration for, see CONTRACTS.

Evidence, unanswered letter as, see Evi-
Price, acceptance of compromise offer on

DENCE.
buyer's refusal to take goods at con-

tract price. 34-508.
Rescission of contract.

SELF-DEFENSE.
Automobile truck, rescission

for
breach of warranty as to. 34-545. Homicide as affected by, see HOMICIDE.

The dash in each citation stands for A.L.R.

or

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