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RENT.

and 121 New York State Reporter

The sending of a letter to an incarcerated criminal held to constitute an attempt to commit the offense described in Pen. Code, 87, though See "Landlord and Tenant," § 5. Bill of particulars in action for, see "Plead- it was merely preliminary to the commission of such offense.-People v. Buckley (Sup.) 191. ing," § 5. RESIDENCE.

REPAIRS.

Of premises demised, see "Landlord and Ten- Affecting liability for support of pauper, see "Paupers," § 1. ant," § 4.

RES JUDICATA.

REPEAL.

Of statute, see "Statutes," § 1.

See "Judgment," §§ 4, 5.

REPLEVIN.

1. Pleading and evidence. In an action to recover possession of goods, damages for the depreciation in the value of the goods are not recoverable, unless pleaded.-Jermyn v. Hunter (Sup.) 546.

2. Liabilities on bonds and undertakings.

RESTAURANTS.

See "Innkeepers."

RESTRAINT OF TRADE.

Trusts and other combinations, see "Monopolies," § 1.

RETURN.

That plaintiff in replevin always was the owner and entitled to possession of the property replevied held, in an action on the replevin bond To habeas corpus, see "Habeas Corpus," § 1. for breach of condition to return if the replevin action be dismissed, a partial defense only, under Code Civ. Proc. § 508.-Freeman v. United States Fidelity & Guaranty Co. (Sup.) 493.

See "Taxation."

REVENUE.

REVERSIONS.

That defendant in replevin denied he had possession of the chattels or had refused to deliver them, and that he did not, by answer, or notice under Code Civ. Proc. § 1725, demand return Of lessor, see "Landlord and Tenant," § 2. thereof, held a defense to action on the replevin bond; the replevin action having been dismissed.-Freeman v. United States Fidelity & Guaranty Co. (Sup.) 493.

REQUESTS.

For instructions in criminal prosecutions, see "Criminal Law," § 4.

For instructions to jury in civil actions, see "Trial," § 6.

RESCISSION.

Of contract for purchase of city bonds, see "Mu-
nicipal Corporations," § 8.

Of contract for sale of land, see "Vendor and
Purchaser," § 2.

REVIEW.

See "Appeal"; "Criminal Law," § 6.

REVISION.

Of statutes, see "Statutes," § 1.

REVOCATION.

Of liquor license, see "Intoxicating Liquors,"
§ 2.
Of probate of will, see "Wills," § 3.

RIGHT OF WAY.

Of contract in general, see "Contracts," § 4.
Of sale of corporate stock, see "Corporations," See "Easements."
§ 1.

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ROYALTIES.

For use or sale of patents, see "Patents," § 1.

RULES OF COURT.

Orders, see "Motions."

SALARIES.

dence in each case.-New York Hydraulic Press
Brick Co. v. Cunn (Sup.) 168.

Whether there was a breach of warranty in a
sale by sample is, under conflicting evidence, a
question for the jury.-New York Hydraulic
Press Brick Co. v. Cunn (Sup.) 168.

§ 5.

Remedies of buyer.

In an action for breach of contract to manu-
facture and deliver wrenches of a certain kind
and quality, evidence held sufficient to justify a
verdict finding the breach.-Ideal Wrench Co. v.

Of municipal officer or employé, see "Municipal Garvin Mach. Co. (Sup.) 41.
Corporations," § 1.

SALES.

Fixtures as between seller and buyer, see "Fix-
tures."

Of corporate bonds, see "Corporations," $3.
Of corporate stock, see "Corporations," § 1.
Of decedent's estate, see "Executors and Ad-
ministrators," § 4.

Of intoxicating liquors, see "Intoxicating Liq-

uors.

Of land for nonpayment of municipal taxes,
see "Municipal Corporations," § 8.
Of property of decedent under order of court,
see "Executors and Administrators," § 7.
Of realty, see "Vendor and Purchaser."
On foreclosure of mortgage, see "Mortgages,"
§ 4.

§ 1. Construction of contract.

Contract to make and deliver wrenches ac-
cording to model held a contract to manufacture
and deliver, and not one of sale.-Ideal Wrench
Co. v. Garvin Mach. Co. (Sup.) 41.

Question whether seller in contract of sale
had performed his contract held a question of
law for the court.-Manda v. Etienne (Sup.) 588.
Seller of goods in contract of sale held not to
have committed any breach of a contract.-
Manda v. Etienne (Sup.) 588.

§ 2. Performance of contract.

In an action by a purchaser of goods against
seller for breach of contract, held, that the de-
fendant was entitled to recover on the theory
of an acceptance of the goods under the con-
tract.-Manda v. Etienne (Sup.) 588.

Any breach of a contract of sale on the part
of the seller held to have been waived.-Man-
da v. Etienne (Sup.) 588.

Tender of goods ordered held insufficient under
the terms of sale.-International Money Box Co.
v. Southern Trust & Deposit Co. (Sup.) 881.
3.

Warranties.

Buyer, purchasing goods by sample, held en-
titled to recover price paid on goods failing to
correspond thereto.-Bernstein v. E. P. Loomis
& Co. (Sup.) 134.

There can be no recovery for breach of war-
ranty, where buyer, knowing inferior quality,
nevertheless accepts the goods at a less price.-
Hogue v. Simonson (Sup.) 1065.

4. Remedies of seller.

Whether a sale is a sale by sample is a ques-
tion of fact, for the jury to find from the evi-

On failure to manufacture and deliver articles
according to contract, the vendee may recover
back a sum advanced by him, to be applied on
the articles which were to be last delivered.-
Ideal Wrench Co. v. Garvin Mach. Co. (Sup.) 41.

Vendee may recover difference between market
value of articles not manufactured according to
agreement, and contract price, or, if they have
no market value, then the difference between
their value to him and the contract price.-Ideal
Wrench Co. v. Garvin Mach. Co. (Sup.) 41.

For breach of contract to manufacture ac-
cording to model, vendee cannot recover dam-
ages for inferior quality of articles accepted by
him, but may recover for articles returned as
inferior.-Ideal Wrench Co. v. Garvin Mach. Co.
(Sup.) 41.

Where tools were not made in compliance
with agreement, and were not accepted, plaintiff
was entitled to recover amount paid therefor.-
Ideal Wrench Co. v. Garvin Mach. Co. (Sup.) 41.

Evidence held to present a question for the
jury as to whether tools manufactured by de-
fendant were made in compliance with the con-
tract.-Ideal Wrench Co. v. Garvin Mach. Co.
(Sup.) 41.

Rule for measure of damage in case of sale of
brick by sample stated, where defective bricks
were delivered and used.-New York Hydraulic
Press Brick Co. v. Cunn (Sup.) 168.

Evidence held not to sustain verdict for plain-
tiff for breach of contract to deliver lumber.-
New York House Wrecking Co. v. Jarvis (Sup.)
464.

SAMPLE.

Sales by sample, see "Sales," §§ 3, 5.

SATISFACTION.

See "Accord and Satisfaction"; "Payment";
"Release."

SAVINGS BANKS.

See "Banks and Banking," § 3.

SCAFFOLDS.

Injuries to employés from defects in, see "Mas-
ter and Servant," § 9.

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See "Wills," § 5.

SPECIFIC PERFORMANCE.

1. Good faith and diligence. Contract for sale of realty held to have time for its essence, so that specific performance expired.-Blanchard v. Archer (Sup.) 665.

See "Master and Servant," 8 2; "Work and could not be enforced after time limited had Labor."

SERVITUDES.

SPIRITUOUS LIQUORS.

See "Intoxicating Liquors."

See "Easements."

SET-OFF AND COUNTERCLAIM.

Bill of particulars, see "Pleading," § 5.

§ 1. Subject-matter.

See "Judgment," § 4.

SPLITTING CAUSES.

STARE DECISIS.

STATE.

In actions for conversion of moneys collected by agent, commissions earned and due to the agent held a proper subject of counterclaim. See "Courts," § 2. Benton v. Moore (Co. Ct.) 717.

SETTLEMENT.

See "Accord and Satisfaction"; "Payment"; "Release."

By executor or administrator, see "Executors and Administrators," § 9.

SEWERS.

Condemnation of railroad property by city for purpose of laying sewer under tracks, see "Eminent Domain," § 1.

SHERIFFS AND CONSTABLES.

§ 1. Compensation.

Under Laws 1890, p. 936, c. 523, as amended by Laws 1892. p. 868, c. 418, § 17, subd. 2, providing for sheriff's poundage, and Code Civ. Proc. § 709, and section 3343, subd. 12, sheriff held entitled to recover poundage from plaintiff in attachment, who procured vacation and annulment of same.-O'Brien v. National Conduit & Cable Co. (Sup.) 131.

§ 2. Powers, duties, and liabilities.

A certain execution held no protection to the officer. Consolidation Act, Laws 1882, pp. 339, 356, c. 410, §§ 1297, 1399.-Goldberg v. Mark owitz (Sup.) 1045.

See "Wharves."

SHIPPING.

SLANDER.

See "Libel and Slander."

Courts, see "Courts."

STATEMENT.

Of plaintiff's claim, see "Pleading," § 1.

STATUTES.

Laws impairing obligation of contracts, see "Constitutional Law," § 1.

Provisions relating to particular subjects. See "Coroners"; "Descent and Distribution"; "Discovery," § 1; "Execution," § 1; "Highways," § 1; "Insurance," § 1; "Intoxicating Liquors"; "Limitation of Actions"; "Mechanics' Liens"; "Municipal Corporations." §§ 2, 4, 6, 8; ""Newspapers"; "Paupers," § 1; "Pawnbrokers"; "Taxation," §§ 1, 2, 4. Covenants against erection of tenement houses. see "Covenants," § 1.

Designation of parties, see "Parties." § 2.
Defect of parties, see "Parties," § 3.
Foreign corporations, see "Corporations," § 7.
Statute of frauds, see "Frauds, Statute of."
Town bonds, see "Towns," § 1.

1. Repeal, suspension, expiration, and

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1890, p. 936, ch. 523. Amended by Laws 1892, p. 868, ch. 418, § 17, subd. 2

131 1890, p. 1082, ch. 565, § 2 334 1890, p. 1114, ch. 565, 8 104 185 1890, pp. 1195, 1205, ch. 568, 88 92, 93, 152. .1014 1890, p. 1233, ch. 569, §

842

131

407

24

162. Amended by Laws 1897, p. 619, ch. 481.... 196 1892, p. 56, ch. 36, § 2... 534 1892, p. 317, ch. 545, § 59 334 1892, pp. 814, 816, 822, ch. 399, §§ 1, 6, 22. 1892, p. 868, ch. 418, § 17, subd. 2 1892, p. 1490, ch. 677, § 26 114 1892, p. 1491, ch. 677, § 31 783 1892, p. 1750, ch. 686, §§ 21, 22 1892, p. 1761, ch. 686, § 69 1892, p. 1761, ch. 686, § 69. Amended by Laws 1894, p. 320, ch. 163; Laws 1895, p. 530, ch. 742; Laws 1896, p. 107, ch. 178 1892, p. 1805, ch. 687. Amended by Laws 1901, p. 1326, ch. 538. 1892, p. 1833, ch. 688, § 31 678 1892, pp. 1825, 1838, ch. 688, 88 2, 48.

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and 121 New York State Reporter 1896, p. 797, ch. 908, § 3..

614, 745, 826, 1107 1896, p. 797, ch. 908, § 4..1107 1896, p. 800, ch. 908, § 6.. 745 1896, p. 800, ch. 908, § 8 826 1896, p. 801, ch. 908, § 7 84 1896, p. 864, ch. 908, § 196 341 1896, p. 867, ch. 908, § 202.

628

255

842

Amended by Laws 1901, p. 316, ch. 132, § 189.. 1896, p. 868, ch. 908, §§ 220, 221 1896, p. 871, ch. 908, § 225. Amended by Laws 1900, p. 916, ch. 382. 1897, p. 3, ch. 378, § 4... 803 1897, p. 5, ch. 378, § 9. 804 1897, p. 30, ch. 378, § 96. Greater New York Charter .1122 1897, p. 35, ch. 378, § 118. Greater New York Charter

1898, p. 1497, ch. 643, § 59a

334 1899, p. 351, ch. 192. 478 1899, p. 1589, ch. 712.....1104 1900, p. 372, ch. 166. .. 276 1900, p. 916, ch. 382. 842 1900, p. 933, ch. 400, § 19 407 1901, p. 109, ch. 466, § 255. Greater New York Charter

1901, p. 129, ch. 466, § 302. Greater New York Charter

1901, p. 316, ch. 132, § 189

1901, p. 346, ch. 466, § 817. Greater New York Charter

144

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1897, p. 152, ch. 284. 1897, p. 160, ch. 378, § 458. Greater New York Charter 1897, p. 234, ch. 312, § 31 660 1897, p. 401, ch. 414, § 103 614 1897, p. 402, ch. 414, § 105 615 1897, p. 404, ch. 414, § 110 614 1897, p. 467, ch. 415, § 18 261, 1006 1897, p. 468, ch. 415, § 20. Amended by Laws 1899, p. 351, ch. 192... 478 1897, p. 477, ch. 415, § 70 911 1897, p. 480, ch. 415, § 81 911, 998 1897, p. 485, ch. 378, § 1364, subd. 1. Greater New York Charter. 1897, p. 517, ch. 418, § 7 465 1897, p. 537, ch. 378, § 1536. Greater New York Charter 1897, p. 541, ch. 378, § 1543. Greater New York Charter

1901, p. 426, ch. 466, § 1001. Greater New York Charter

1901, p. 637, ch. 466, § 1543. Greater New York Charter .856, 857 1901, p. 642, ch. 466, § 1554. Greater New York Charter

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