I. FORM AND ALLEGATIONS IN

GENERAL.

ent case made by proof.-Feder v. Midland
Casualty Co., 147 N. E. 468.

XIII. DEFECTS AND OBJECTIONS, WAIV-
ER, AND AIDER BY VERDICT
OR JUDGMENT.

18 (Mass.) Declaration held not to state
substantive facts necessary to constitute cause
of action as required by Practice Act.-Davis
v. H. S. & M. W. Snyder, 147 N. E. 30.
Declaration must set forth issues in definite 417 (Ohio) Filing amended pleading after
terms.-Id.
demurrer sustained waived any error_in_rul-
ing.-Bingham v. Nypano R. Co., 147 N. E. 1.
to evidence
428(3) (Ind.App.) Objection
on ground that it was outside of issues properly
overruled.-Talge Mahogany Co. v. New Albany
Veneering Co., 147 N. E. 781.

34(1) (Ind.App.) Construed in accordance
with its general scope and tenor.-James v.
State Life Ins. Co., 147 N. E. 533.

34(2) (Ind.App.) Pleading will be tested
according to specific, and not general, aver-
ments of fact.-Neal v. Baker, 147 N. E. 635.

PLEDGES.

34(3) (Ind.App.) Facts implied by reason-
able intendment given same force as if di-6 (Ind.App.) Pledge of invoice for lumber
rectly stated. James v. State Life Ins. Co., held not to pass title to lumber to pledgee.-
Franklin Bank of St. Louis, Mo., v. Boeckeler
Lumber Co., 147 N. E. 722.

147 N. E. 533.

II. DECLARATION, COMPLAINT, PE-
TITION, OR STATEMENT.

48 (Mass.) Essentials of cause of action at
common law stated.-Davis v. H. S. & M. W.
Snyder, 147 N. E. 30.

49 (Mass.) Declaration held not to set
forth cause of action in tort.-Davis v. H. S.
& M. W. Snyder, 147 N. E. 30.

53(1) (Mass.) Causes of action in contract
and in tort must be alleged in separate counts.
-Davis v. H. S. & M. W. Snyder, 147 N. E.

30.

Joinder of cause of action in contract and
tort not permitted in single count.-Id.

Pledgee acquired no right to proceeds of sale
of property covered by pledged invoice.-Id.
POLICE POWER.

See Constitutional Law, 81; Municipal
Corporations, 592.

PRACTICE.

For practice in particular actions and proceed-
ings, see the various specific topics.

PRESCRIPTION.

64 (2) (Ohio) Pleader may state in same See Adverse Possession.
petition cause of action for reformation of con-
tract and one for damages for breach of con-
tract as reformed.-Bingham v. Nypano R. Co.,
147 N. E. 1.

III. PLEA OR ANSWER, CROSS-COM-
PLAINT, AND AFFIDAVIT OF

DEFENSE.

111 (Ind.) Plea in abatement decided
against defendant, without further effect, when
issue joined on answer came on for trial.-Pig-
gly-Wiggly Stores v. Lowenstein, 147 N. E.
771.

(C) Traverses or Denials and Admissions.
115 (III.) Pleading of general issue by in-
surer admitted existence of policy and author-
ity of agent who countersigned it.-Feder v.
Midland Casualty Co., 147 N. E. 468.

V. DEMURRER OR EXCEPTION.
193(6) (Mass.) Declaration joining action
in contract with action in tort in same count
was demurrable.-Davis v. H. S. & M. W. Sny-
der, 147 N. E. 30.

PRINCIPAL AND AGENT.

See Attorney and.Client; Brokers.

II. MUTUAL RIGHTS, DUTIES, AND LIA-

are real
Trust

(A) Powers of Agent.
powers
99 (Mass.) Ostensible
Co. of Boston, 147 N: E. 742.
powers. Wasserman v. Cosmopolitan
(Mass.)
116(1)
Third parties without
201 (Ind.App.) Court may sustain demur-knowledge thereof are not affected by limita-
rer for deficiencies not specified in memoran- tions.-Wasserman v. Cosmopolitan Trust Co.
dum.-Burns v. Mills, 147 N. E. 300.
of Boston, 147 N. E. 742.

212 (Ind.App.) Refiling of demurrer to
cross-complaint as amended held not necessary.
-Schmeling v. Esch, 147 N. E. 734.

214(5) (Mass.) Charge of abuse of discre-
tion in retiring city employee at half salary
held conclusion of law, not admitted by demur-
rer.-Rich v. Kimball, 147 N. E. 586.

XI. MOTIONS.

367(4) (Ind.App.) Motion to make com-
plaint more specific properly denied where
it sufficiently informed defendants as to par-
ticular negligence_relied on.-United Telephone
Co. v. Barva, 147 N. E. 716.

122(1) (Mass.) Declarations of agents are
inadmissible to prove their authority when
Trust Co., 147 N. E. 870.
questioned by principal.-Morrison v. Tremont

(C) Unauthorized and Wrongful Acts.
159(2) (Ohio) One undertaking particular
work as agent of another must exercise ordi-
nary care in its execution and is liable if he
negligently injures another.-Richards
Stratton, 147 N. E. 645.

PRINCIPAL AND SURETY.

See Guaranty.

PRIVILEGE.

XII. ISSUES, PROOF, AND VARIANCE.
387 (11.) Plaintiff can recover only on
case made in his declaration, and not on differ- See Constitutional Law, -205.

V.

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER

6(2) (Ohio) Employer held entitled to writ
restraining further action by Industrial Com-347(11) (Mass.) Evidence as to construc-
mission in favor of compensation claimant.-
State v. Clark, 147 N. E. 33.

authorized by statute.-Arruda v. Director Gen-53 (2) (III.) Evidence held sufficient to sus-
eral of Railroads, 147 N. E. 21.

52 [New, vol. 6A Key-No. Series]
(Mass.) That Director General substi-
tuted as party went out of office before special
appearance held not to affect court's jurisdic-57 (5) (III.) Intent, in prosecution for as-
tion.-Phillips v. Davis, 147 N. E. 96.
Substitution of Director General as party de-sault with intent to rape, is fact question for
fendant held proper.-Id.
jury.-People v. Makovicki, 147 N. E. 393.

78 (11.) Claims to property in hands of
receiver only enforceable by being made party

SALES.

to suit.-Kneisel v. Ursus Motor Co., 147 N. B. See Vendor and Purchaser.

243./

V. ALLOWANCE

AND PAYMENT OF
CLAIMS.

152 (Ind.) Rule requiring receivers to show
that trust funds did not come into their hands
held inapplicable.-Fletcher Savings & Trust
Co. v. American State Bank of Lawrenceburg,
147 N. E. 524.

1. REQUISITES AND VALIDITY OF
CONTRACT.

(1) (N.Y.) Interpretation keeping statute
in accord with mercantile practice preferred.-
Henry Glass & Co. v. Misroch, 147 N. E. 71.
38(3) (Ind. App.), Seller's representations
as to quantity of buried gas pipe held mere ex-
pressions of opinion, and not fraudulent rep-
resentations to induce sale.-Friedman v. Citi-
zens' Natural Gas, Oil & Water Co., 147 N. E.
294.

General rule that one praying judgment must
prove facts held applicable to suit to impress
with trust funds in receivers' hands.-Id.
Receivers' recovery of directors of insolvent 38 (8) (Mass.) Seller's substitution of mo-
trust company held insufficient showing that tor in automobile sold held fraud as to essence
trust funds had come into receivers' hands.-Id. of contract.-Butler v. Prussian, 147 N. E.
Burden of one seeking to impress with trust 892.
assets in hands of receiver, stated.-Id.
Exclusion of evidence, in action to impress
with trust assets in hands of receivers, held not
prejudicial.-Id.

VI. ACTIONS.

174(1) (1.) Suit to enforce claim of title
to property in hands of receiver must be by
leave of court.-Kneisel v. Ursus Motor Co.,
147 N. E. 243.

~174(2) (III.) Filing petition addressed to
all of judges of court to recover property un-
der control of court without leave held direct
contempt.-Kneisel v. Ursus Motor Co., 147 N.
E. 243.

RECORDS.

52(5) (Mass.) Delay in repudiating con-
tract evidenced assent to price inserted when
confirming order.-Welch v. Bombardieri, 147
N. E. 595.

II. CONSTRUCTION OF CONTRACT.

82 (2) (Ind.App.) In absence of specified
time for removal and payment for pipe and ma-
chinery purchased law presumes reasonable
time only.-Friedman v. Citizens' Natural Gas,
Oil & Water Co., 147 N. E. 294.

III. MODIFICATION OR RESCISSION
OF CONTRACT.

(A) By Agreement of Parties.
89 (Mass.) Buyer's agreement, affecting

See Appeal and Error, 499-706; Criminal goods which did not conform to contract, held
Law, 1090-1116.

9(134) (III.) Judicial sale and transfer of
land under judgment by confession, without
compliance with registration statute void.
Evans v. Chicago Title & Trust Co., 147 N. E.
412.

RELEASE.

II. CONSTRUCTION AND OPERATION.
33 (N.Y.) Release held to cover only claims
in action brought against defendant.-Ocean
Accident & Guarantee Corporation v. Hooker
Electro-Chemical Co., 147 N. E. 351.

RELIGIOUS SOCIETIES.

not to give right to rescind at future date.-
Adams v. Grundy & Co., 147 N. E. 598.

contract, held to have lost right to rescind by
Purchaser of goods, which did not conform to
subsequent agreement with seller.-Id.

IV. PERFORMANCE OF CONTRACT.
(C) Delivery and Acceptance of Goods.

168(2) (N.Y.) Reasonable time to return
goods found defective varies with circumstanc-
es.-Henry Glass & Co. v. Misroch, 147 N. E.
71.

Bulky articles must be seasonably tendered
so that buyer may have opportunity to examine
them before close of day on which delivered.
-Id.

9 (Mass.) Secretary of religious associa-
tion held unauthorized to demise premises with- 1682 (5) (Mass.) Return of goods must be
out authority of directors or committee appoint--Cleary v. Barlow, 147 N. E. 348.
within reasonable time; under circumstances.
ed.-American Congregational Ass'n v. Abbot,
147 N. E. 895.

See Domicile.

RESIDENCE.

RETROSPECTIVE LAWS.

See Statutes, 263.

See Taxation.

266.

REVENUE.

REVERSIONS.

Defendant held not to have retained diamonds
unreasonable time before returning them.-Id.
177 (N.Y.) Buyer may assent to delivery
on condition of being allowed reasonable op-
portunity to examine goods.-Henry Glass &
Co. v. Misroch, 147 N. E. 71.

178(1) (N.Y.) Buyer's assent to sellers'
appropriation of goods to contract by deliv-
ery does not bar rescission for defects after-
wards discovered.-Henry Glass & Co. v. Mis-
roch, 147 N. E. 71.

Unqualified assent to delivery is acceptance

1 (III.) Defined.-Keogh v. Peck, 147 N. E. of title subject to rescission.-Id.

REVIEW.

See Appeal and Error; Certiorari.

RIPARIAN RIGHTS.

See Navigable Waters,
Water Courses, 76.

RISKS.

178(3) (N.Y.) Receipt of goods without
reservation or disclaimer defers examination
indefinitely for buyer's convenience.-Henry
Glass & Co. v. Misroch, 147 N. E. 71.

181(13) (Mass.) Seller's statement, when
leaving diamonds with defendant, held to war-
39; Waters and rant finding that she could return them four
months later, in accordance with custom.-
Cleary v. Barlow, 147 N. E. 348.

182(1) (Mass.) When question of reason-
able time to return goods is one of law, or for
jury, stated.-Cleary v. Barlow, 147 N. E. 348.
(D) Payment of Price.

187 (Ind.App.) Interest on unpaid price al-
lowable after reasonable time for buyer to re-
move pipes and machinery.-Friedman v. Citi-
zens' Natural Gas, Oil & Water Co., 147 N.
E. 294.

For cases in Dec.Dig. & Am.Dig, Key-No.Series & Indexes see same topic and KEY-NUMBER

V. OPERATION AND EFFECT.
(A) Transfer of Title as Between Parties.

199 (N.Y.) Whether title had passed to
buyer at time of wrongful rejection of goods
depends on intention ascertained by statutory
les.-Henry Glass & Co. v. Misroch, 147 N.
E. 71.

200(3) (N.Y.) Examination of goods by
buyer, as condition precedent to transfer of
property, waived by assent to delivery with-
out reservation or condition.-Henry Glass &
Co. v. Misroch, 147 N. E. 71.

Seller bears risk of destruction of goods, if
title does not pass on buyer's assent to con-
summated delivery.-Id.

Delivery held not qualified by buyer's tele-
gram, offering to assent to delivery and pay
for goods if as ordered.-Id.

201(1) (N.Y.) Delivery must be assented
to by buyer to transfer property.-Henry Glass
& Co. v. Misroch, 147 N. E. 71.

202(6) (Ind.App.) Title to lumber held not
to pass to purchaser until purchase price was
paid.-Franklin Bank of St. Louis, Mo., v.
Boeckeler Lumber Co., 147 N. E. 722.

202 (6) (Mass.) Under c. i. f. contract, ti-
tle passed to purchaser on delivery to carrier.
-Adams v. Grundy & Co., 147 N. E. 598.

204 (Mass.) Title to diamonds held not to
have passed to defendant.-Cleary v. Barlow,
147 N. E. 348.

211 (N.Y.) Property passes to buyer on as-
sent to sellers' appropriation of goods to con-
tract by delivery in deliverable state.-Henry
Glass & Co. v. Misroch, 147 N. E. 71.

212 (N.Y.) Contract held sale of unascer-
tained goods, and title did not pass until goods
were appropriated to buyers.-Lamborn
Seggerman Bros., 147 N. E. 607.

v.

Seller's delivery to carrier of quantity greater
than called for by contract is not appropriation
to contract sufficient to pass title.-Id.

Seller's delivery of greater quantity to car-
rier than called for by contract held not to pass
title to buyers.-Id.

218 (Mass.) Title to goods cannot revest in
seller without his consent, nor buyer become
unwilling bailee before offer to return.-Adams
v. Grundy & Co., 147 N. E. 598.

2182 (Mass.) Defendant held not to have
purchased diamonds outright as matter of law.
-Cleary v. Barlow, 147 N. E. 348.

(E) Actions for Price or Value.
340 (N.Y.) Action for price not inconsist-
ent with resale to enforce vendor's lien.-
D'Aprile v. Turner-Looker Co., 147 N. E. 15.
That seller reselling under vendor's lien is
entitled to retain surplus does not make such
remedy inconsistent with action for purchase
price.-Id.

342 (N.Y.) Seller's right of action for price
on wrongful rejection of goods dependent on
whether title passed.-Henry Glass & Co. v.
Misroch, 147 N. E. 71.

Exercise of right to examine and reject goods
after unconditional assent to delivery does not
bar action for price, if goods were in deliver-
able state.-Id.

354 (9) (Ind.App.) Allegations of buyer's
answer held insufficient as counterclaim.-Fried-
man v. Citizens' Natural Gas, Oil & Water Co.,
147 N. E. 294.

Allegation of buyer's answer that seller of
gas pipe and casing failed to deliver certain
gas wells held insufficient as set-off.-Id.

VIII. REMEDIES OF BUYER.

(A) Recovery of Price.

391 (5) (Mass.) Purchaser of goods not
conforming to contract may accept or return
goods in substantially as good condition as
when received, and recover purchase price.---
Adams v. Grundy & Co., 147 N. E. 598.

(C) Actions for Breach of Contract.

420 (Mass.) Question whether buyer's con-
duct in ordering less gasoline in any one month
than it was entitled to under contract waived
right to require later delivery held for jury.-
Taxi Service Co. v. Gulf Refining Co., 147 N.
E. 863.

SCHOOLS AND SCHOOL DISTRICTS.
II. PUBLIC SCHOOLS.
(B) Creation, Alteration, Existence, and
Dissolution of Districts.

22 (III.) Curative act validating school dis-
tricts constitutional, but inapplicable to districts
not compact and contiguous.-People v. Kinsey,
147 N. E. 408.

24(2) (III.) Validity of organization of high
school district not inquired into, even though
quo warranto attacking it is pending.-People v.
Sloan, 147 N. E. 392.

24(2) (I.) Every presumption indulged in
favor of validity of district, and clear showing
is necessary to warrant holding of invalidity.—
People v. Kinsey, 147 N. E. 408.

30 (11.) Evidence held to sustain finding
that school district was compact and contiguous.
People v. Kinsey, 147 N. E. 408.

School districts must afford children therein
opportunity to attend with reasonable degree
of. comfort.-Id.

42(2) (III.) Organization of district held
not invalidated by delay in verifying signatures
to election petition.-Chesney v. Moews, 147
N. E. 497.

County superintendent need not personally
post notices of district organization election.
-Id.

Posting of notices of district organization
election in statutory manner held sufficiently
shown.-Id.

County superintendent may consider facts not
shown in affidavit as to posting election notices
in determining whether statute was complied
with.-Id.

Notice of organization election in manner pre-
scribed by statute essential.-Id.

against establishment of district from election
judges' certificate held cured by county super-

Omission of total votes cast and number

intendent's record.--Id.

(D) District Property, Contracts, and
Liabilities.

68 (II.) Schoolhouse site election void, un-
less board of education's record shows giving
of statutory notice.-Bierbaum v. Smith, 147
N. E. 796.

81(2) (Mass.) Party furnishing material
not having filed with city property committee
statement required by statute cannot maintain
action on bond.-T. Shea, Inc., v. City of
Springfield, 147 N. E. 829.

(E) District Debt, Securities, and Taxa-

tion.

103(1) (III.) Extension of taxes at higher
rates than fixed by statutes at time of levy not
authorized by amendatory statutes.-People v.
Pittsburgh, C., C. & St. L. Ry. Co., 147 N. E.
492.

3 (III.) Existence of probable cause_judi-
cial question for magistrate.-People v. Elias, 13 (III.) Equity will not enforce specific
performance of contract not capable of per-
formance.-Hagen v. Anderson, 147 N. E. 791.

No probable cause for issuing warrant, in ab-25 (III.) When contract to convey real es-
sence of reasonable ground to suspect accused's tate enforced stated.-Hagen v. Anderson, 147
guilt.-Id.

7 (Ind.) Persons lawfully arrested for mis-91 (III.) Covenantee's right to conveyance
demeanor in officer's presence may be searched
without warrant.-Haverstick v. State, 147 N.
E. 625.