RESCISSION.

REVOCATION.

Of letters of administration, see "Executors
and Administrators," § 1.
Of license, see "Licenses," § 1.
Of will, see "Wills," § 5.

RIGHT OF WAY.

Of telephone company, see "Telegraphs and Telephones," § 1.

RIPARIAN RIGHTS.

See "Navigable Waters," § 1; "Waters and Water Courses," § 1.

RISKS.

cellation of Instruments."

Of contract, see "Contracts," § 4.

Of contract for sale of goods, see "Sales," § 3. Of contract, jurisdiction of municipal court, see "Courts," § 2.

§§ 7, 9.

uors.

Of realty, see "Vendor and Purchaser."
Parol or extrinsic evidence, see "Evidence," § &
Requirements of statute of frauds, see "Frauds,
Statute of," § 2.

1. Requisites and validity of con-
tract.

In action against railroad for value of sand and gravel taken from plaintiff's premises, whether there was any understanding on the part of defendant that it was to pay therefor held question for jury.-Douglas v. New York Cent. & H. R. R. Co. (Sup.) 723.

§ 2. Construction of contract.

Estimates and certificates of vendee's engineer as to coal delivered held conclusive on the parties under their contract, in the absence of fraud or mistake.-Price v. City of New York (Sup.) 967.

§ 3. Modification or rescission of contract.

On failure to pay the price of a machine sold. held, the contract may be turned into one of conditional sale.-Cooper v. Payne (Sup.) 69.

Refusal of defendant to make payments for coal delivered held to authorize plaintiff to terminate the contract and to recover for SU

A contract to furnish certain pipe held terminated by failure to recommence delivery after an unjustifiable refusal to make further delivery and a notice that the contract would be terminated if further delivery was not made within a certain time.-Camden Iron Works v. Masterson (Sup.) 754.

Registered letter sent to vendee, but not delivered, held not a compliance with contract requiring notice to deliver goods to be "mailed" to the vendor, and not to put the vendor in default for failing to comply with such notice (Rev. St. §§ 3927, 3928 [U. S. Comp. St. 1901, p. 2686]).-Price v. City of New York (Sup.) 967.

$ 4.

Performance of contract.

That a machine sold and to be installed by the seller remained for several months in the purchaser's factory in its original wrapping held not to show an acceptance as matter of law. Cooper v. Payne (Sup.) 69.

Acceptance and retention of warehouse order held an acceptance of the goods called for by the order.-Salmon v. Brandmeier (Sup.) 271.

One contracting to furnish pipe to a municipal contractor, to be inspected by the city authorities, held to have violated its contract by refusal to furnish more pipe until inspectors were changed or certain pipe which had been declared defective accepted.-Camden Iron Works v. Masterson (Sup.) 754.

Where a purchaser of personalty rejected

part of it when tendered for delivery, stating that it did not care for more, further tender on the part of the seller was excused.-Kiley v. Lee Canning Co. (Sup.) 986.

Failure of a seller of personalty to deliver in accordance with certain written instructions held not a breach of the contract, if delivery was made according to verbal directions.Kiley v. Lee Canning Co. (Sup.) 986.

On an issue whether a load of peas was delivered by plaintiff to defendant upon the 2d or 5th day of a certain month, certain evidence held competent.-Kiley v. Lee Canning Co. (Sup.) 986.

§ 5. Warranties.

A contract of sale of a machine containing no express warranty held not to exclude an implied warranty of fitness.-Cooper v. Payne (Sup.) 69.

Breach of implied warranty held waived by the vendee by an acceptance and retention of the goods after discovery of defects.-Crane Co. v. Collins (Sup.) 174.

§ 6. Remedies of seller.

A complaint for goods sold, which fails to allege either the value or the agreed price, held defective.--Macksoud v. Dildarian (Sup.) 382.

Reference in a complaint for goods sold to a bill of particulars held not to amount to an allegation of value of the goods.-Macksoud v. Dildarian (Sup.) 382.

peas after rejection held sufficient to justify a verdict for plaintiff, under an instruction that the measure of damages was the difference between the contract price and the market value.-Kiley v. Lee Canning Co. (Sup.) 986.

A seller held not entitled to recover for certain labels contracted for, where it failed to prove that it was ready to deliver them.American Label Co. v. Kander (Sup.) 1108. 7. Conditional sales.

A purchaser of a machine under a conditional contract, to avail himself of an implied warranty of fitness, held required to return or offer to return the machine, after reasonable time to inspect.-Cooper v. Payne (Sup.) 69.

SELF-DEFENSE.

See "Homicide," § 2.

SEPARATE ESTATE.

Of married women, see "Husband and Wife," § 3.

SERVICE.

Of process, see "Process," § 1.

SERVICES.

See "Master and Servant," § 2; "Work and Labor."

SET-OFF AND COUNTERCLAIM.

Bill of particulars, see "Pleading," § 5. Directing verdict in action involving counterclaim, see "Trial," § 3.

Pleading matter of set-off or counterclaim, see "Pleading," § 2.

§ 1. Subject-matter.

Under Code Civ. Proc. § 2945, a counterclaim alleged in an action on a contract before a justice held to allege a cause of action on contract properly pleaded as counterclaim, and not as a cause of action for a tort.-Hagin v. Cayauga Lake Cement Co. (Sup.) 428.

In a suit by the receiver of an insolvent bank, defendant cannot set off a claim against the bank acquired after its insolvency.-Schlesinger v. Goldberg (Sup.) 592.

Where, pending an action, plaintiff made a general assignment for benefit of creditors, held, that former judgment in favor of the defendants and against plaintiff were available as set off against his assignees.-Foster v. Central Nat. Bank (Sup.) 603.

SETTLEMENT.

See "Account Stated"; "Compromise and Settlement"; "Payment"; "Release." By executor or administrator, see "Executors and Administrators," § 4.

SEWERS.

See "Municipal Corporations," § 3. Repeal of statute, see "Statutes," § 1.

SHIPPING.

Liabilities of sureties for breach of charter party, see "Principal and Surety," § 1. § 1. Charters.

In an action on a bond to secure performance of a charter party, a request to the owner that

the surety.-Michigan S. S. Co. v. American Bonding Co. of Baltimore (Sup.) 805.

SIDEWALKS.

See "Municipal Corporations," § 4

SLANDER.

See "Libel and Slander."

SOCIETIES.

See "Associations."

SPECIAL LAWS.

See "Statutes," § 1.

SPECIFIC PERFORMANCE.

Extra allowance of costs, see "Costs," § 3. Operation and effect of statute of frauds, see "Frauds, Statute of," § 4.

§ 1. Nature and grounds of remedy in general.

Plaintiff held to have an adequate remedy at law for breach of a contract to deliver stock of a corporation, and hence could not maintain a suit for specific performance.-Butler v. Wright (Sup.) 113.

Consent by defendant that a suit for specific performance be tried by a referee held not a waiver of defendant's objection that plaintiff had an adequate remedy at law.-Butler v. Wright (Sup.) 113.

Complaint for specific performance or other equitable relief for breach of contract of sale of real estate, in which vendor agreed to procure cancellation of lease and vacation of premises by lessee, held not bad because the cancel lation of the lease must be by act of lessee.Jacobson v. Rechnitz (Sup.) 173.

Where a vendee assigns his contract for the sale of real estate, and the assignee sues the vendor to recover deposits paid and expenses for searching the title, defendant, asserting her ability to give the agreed title, cannot counterclaim for specific performance; the assignee not being bound by the vendee's liabilities.Forbes v. Reynard (Sup.) 1097.

2. Contracts enforceable.

Promise of endowment to college held to entitle college to specific performance, as against heirs and next of kin of promisor.-Robb v. Washington and Jefferson College (Sup.) 92.

3. Proceedings and relief.

In a suit for specific performance of a contract for the delivery of corporate stock, allegations of the pleadings held sufficient to raise an issue as to whether plaintiff had an adequate remedy at law.-Butler v. Wright (Sup.) 113.

SPIRITUOUS LIQUORS.