VENDOR AND VENDEE.

1. VENDOR AND VENDEE Damage for Breach of Contract
when not Restricted to Nominal.-The recovery for a breach of a
vendor's contract to convey will not be restricted to nominal damages,
on the ground that he was unable to convey, because he had made a
lease which he had forgotten, and the lessee refused to surrender pos-
session except on the payment of an unreasonable sum. (Iowa)
Cornell v. Rodabaugh, 298.

2. VENDOR AND VENDEE.-The Measure of Damages for a
Breach of a Contract to Convey Land is the difference between what
it is actually worth and what the plaintiff agreed to pay for it.
(lowa) Cornell v. Rodabaugh, 298.

Note.

Warehouse, custom or usage to interpret contracts respecting deposit
of grain in, 225, 226.

deposit of grain in to be intermingled with the grain of others,

222.

deposit of grain in under an agreement to return or to pay
the highest market price, 224.

deposit of grain in, when amounts to a sale and when to a bail-
ment, 221.

depositor of grain in, whether a creditor of the warehouseman,
224.

mixing of grain, whether results in a sale or a bailment, 221, 222.
Water Companies, payment to, when deemed involuntary and there-
fore recoverable, 420, 421.

WILLS.

1. WILLS-Attestation by a Witness by His Mark.-A mark
made by a witness to a will as his signature is a sufficient attes
tation by him, his name being written for him by another person.
(Md.) Appeal of Reaver's Executors, 610.

2. WILLS-Bequest When Held per Capita.-If bequest is made
to a person, and to the children of another, or to a person described
as standing in a certain relation to the testator, and to the children,
of another person standing in the same relation, the general rule
is that the legatees take per capita and not per stripes. (W. Va.)
Collins v. Feather, 912.

3. WILLS.—If a Bequest is Made to One or More Persons Liv-
ing, and to the Children of Another Who is Dead, whatever may be
the relations of the parties to each other, the legatees will take per
capita, unless it clearly appears from the context, or some clause in
the will, or from competent extrinsic evidence that the testator in-
tended the distribution of the bequest to be per stirpes. (W. Va.)
Collins v. Feather, 912.

4. WILLS.-A Legacy of a Specified Number of Shares of Stock
is General and not Specific, and if the testator does not own that
number at his death, his executor should purchase the amount re-
quired to make up the deficiency, and to the extent of the funds re-
quired for such purpose, reduce the interest of the residuary legatee.
(Mass.) Slade v. Talbot, 653.

Note.

Wills, foreign decree, effect of on application to admit to probate in

this country, 558, 559.

foreign, judgments respecting, when res judicata, 559.

WITNESSES.

1. WITNESS.-A Husband May Testify as a Witness for His
Wife, under the statutes of Illinois, when the litigation concerns her
separate property. (Ill.) Cassem v. Heustis, 160.

2. EVIDENCE-Contradictory Statements.-Where a mother testi-
fied that her son, with whom she lived, did not have a venereal dis
ease, her testimony cannot be impeached by evidence of her declara-
tions as to the condition of the sheets on his bed, unless a proper
foundation is first laid. (Iowa) State v. Height, 323.

3. EVIDENCE-Privileged Communications-Testimony of Phy-
sicians, when Does not Relate to.-An objection to the testimony of
physicians that it discloses a privileged communication cannot be sus-
tained when it relates to an examination made of a party who did
not make any communication to them nor submit to their examina-
tion with the idea that they were acting as his physicians. (Iowa)
State v. Height, 323.

Note.

See Constitutional Law, 10-13; Evidence.

Witness, against one's self, construction of constitutional provisions
against compelling, 226.

compelling to produce or make evidence against one's self, 336-
347.

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