1164

52 (7) (Cal.) Finding that purchaser did 288 (2) (Utah) Purchaser held not bound not obtain possession by means of worthless by card signed showing goods were satisfaccheck held warranted.-South San Francisco tory.-Consolidated Wagon & Machine Co. v. Packing & Provision Co. v. Jacobsen, 628. Wright, 937. OF CONTRACT.

II. CONSTRUCTION

62 (Cal.App.) Divisibility of contract dependent not only on number and separability of items, but upon object and intention.-Stern v. Sunset Road Oil Co., 651.

80 (Cal.App.) Contract held to require payment at place of delivery.-Humphry v. Farmers' Union & Milling Co., 489.

81(1) (Cal.App.) Contract for sale of automobile called for delivery in reasonable time. -Boland v. Smith, 825.

III. MODIFICATION OR RESCISSION
OF CONTRACT.

(A) By Agreement of Parties.
89 (Cal.App.) Evidence held to support
finding that agreement sued on had not been
modified.-Stone v. Porter-Burnham Co., 830.

(C) Rescission by Buyer.

124 (Colo.) Returned goods upon rescission held sufficient.-Keith v. Schuck, 530.

On rescission buyer could make good his tender of goods, refused by seller by delivering release of mortgage thereon.-Id.

130(2) (Cal.) Exact damage need not be shown in action for rescission.-Munson Fishburn, 808.

V.

130(3) (Cal.App.) Evidence held to justify conclusion delay in delivery unreasonable.— Boland v. Smith, 825.

191 (Mont.) Check accepted in place cash was payment until dishonored.-Montana Live Stock & Loan Co. v. Stewart, 985. Refusal to guarantee check in payment of price not dishonor thereof.--Id.

Seller who took check could not rescind for nonpayment without presenting it.-Id.

196 (Utah) Waiver of initial payment on price by delivery without it.-Consolidated Wag-| on & Machine Co. v. Wright, 937.

at deliv

Buyer's keeping machine more than contract five days' trial limit held to be by seller's consent.-Id.

VII. REMEDIES OF SELLER.

(E) Actions for Brice or Value. paid held not maintainable; seller in posses340 (Kan.) Action to recover part of price sion by sale of goods for which buyer had Co. v. Adams, 755. given note elected his remedy.-Central Trust

353 (6) (Cal.) Seller of growing crop, suing for price, need not allege delivery.-Jones v. California Growers & Shippers, 172.

353(8) (Utah) Complaint in seller's action on buyer's note held defective in not stating amount due thereon.-Staheli v. Adams, 781. (F) Actions for Damages. 384(2) (Mont.) Damages for breach is difference between market and conbuyer's tract price.-Church v. Zywert, 291.

VIII. REMEDIES OF BUYER. (C) Actions for Breach of Contract.

411 (Cal.App.) Buyer, suing seller for refusal to deliver, not required to plead particulars as to general damages.-Hogue-Kellogg Co. v. Baker, 493.

Allegation as to price for which goods could have been bought not equivalent to allegation as to value thereof to buyer.-Id.

Complaint held to state cause of action for failure to deliver.-Id.

of shipment held to sustain judgment for dam417 (Cal.App.) Evidence of value at place ages.-Humphry v. Farmers' Union & Milling Co., 489.

418 (2) (Mont.) Damages for breach is Montana Live Stock & Loan Co. v. Stewart, difference between contract and market price.

985.

(D) Actions and Counterclaims for Breach of Warranty.

440(4) (Or.) Evidence that variety of seed sold would have produced crop next year admissible in mitigation.-Horn v. Elgin Warehouse Co., 151.

V. OPERATION AND EFFECT. (A) Transfer of Title as Between Parties. 199 (Cal.) Whether title passes ery depends on intention as shown by circum-441(2) (Or.) Evidence held not to show stances.-South San Francisco Packing & Pro-express warranty of variety of seed wheat.vision Co. v. Jacobsen, 628. Horn v. Elgin Warehouse Co., 151.

202(2,3) (Cal.) Title to hogs held not to pass where check for price was dishonored.South San Francisco Packing & Provision Co. v. Jacobsen, 628.

(B) Rights and Liabilities of Seller as to Third Persons.

222 (Cal.) An attaching creditor has no greater rights in personal property than his debtor.-South San Francisco Packing & Provision Co. v. Jacobsen, 628.

VI. WARRANTIES.

270 (Or.) Warranty of variety of wheat seed held not implied where buyer inspected it. -Horn v. Elgin Warehouse Co., 151.

285(4) (Utah) Waiver of notice of breach of warranty by taking charge of setting up warranted machine.-Consolidated Wagon & Machine Co. v. Wright, 937.

287(1) (Mont.) Contract held not to require return of defective cash register.-National Cash Register Co. v. Wall, 135.

287(6) (Utah) Seller waived return of unsatisfactory machine by refusal to accept it. Consolidated Wagon & Machine Co. v. Wright, 937.

cattle free from contagious disease, buyer can442 (8) (Ariz.) Though seller warranted not recover for mere exposure of his own herd to infection.-Gilmore v. Wingate, 571.

447 (Or.) General verdict for defendant sustained, notwithstanding finding of undisclosed agency.-Horn v. Elgin Warehouse Co., 151.

SCHOOLS AND SCHOOL DISTRICTS.
I. PRIVATE SCHOOLS AND ACADE-
MIES.

8 (Kan.) Demurrer to evidence showing
ly sustained.-Lenox Hall v. Seelye, 737.
that extras were furnished to pupil held proper-

II. PUBLIC SCHOOLS. (B) Creation, Alteration, Existence, and Dissolution of Districts. 25 (Wash.) Town being organized did not, ipso facto, become school School Dist. v. Burrows, 1010. district.-Tukwila Town did not become separate school district upon organization.-Id.

42 (2) (Kan.) Canvass of election to establish rural high school cannot be challenged in

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

organize it. State v. Board of Com'rs of McPherson County, 594.

Rural high school established after the statute cannot hold election to disorganize.—Id. (D) District Property, Contracts, and Liabilities.

69 (Cal.App.) School district trustees may change location of high school in a city.-Law-63 (Wash.) State labor commissioner not son v. Turlock Union High School Dist., 1055. entitled to increased compensation for new duties. State v. Clausen, 324.

II. SUBJECT-MATTER. Statute held sufficient to provide for taxes to purchase and maintain state-owned grain 29(1) (Cal.App.) Overpayment held prop- elevator.-Id. er matter for counterclaim.-Bledsoe v. Stuck-124 (Utah) Funds of State Land Board may be invested in town bonds; "city."-State Board of Land Com'rs v. Ririe, 59.

50 (Cal.App.) Assignee held to take sub- See Frauds, Statute of. ject to debtor's right of recoupment.--Stern v. Sunset Road Oil Co., 651.

"Set-off" distinguished from "recoupment" as

respects assignor's breach of contract after as- See Limitation of Actions. signment.-Id.

Installation of trade fixtures, coupled with taking of possession and payment of rent, not 141 (2) (Or.) Constitutional provision as to

52(7) (Cal.) Finding that purchaser did 288(2) (Utah) Purchaser held not bound
not obtain possession by means of worthless by card signed showing goods were satisfac-
check held warranted.-South San Francisco tory.-Consolidated Wagon & Machine Co. v.
Packing & Provision Co. v. Jacobsen, 628. Wright, 937.

II. CONSTRUCTION

OF CONTRACT.
62 (Cal.App.) Divisibility of contract de-
pendent not only on number and separability
of items, but upon object and intention.--Stern
v. Sunset Road Oil Co., 651.

Buyer's keeping machine more than contract
five days' trial limit held to be by seller's con-
sent.-Id.

VII. REMEDIES OF SELLER.
(E) Actions for Price or Value.

80 (Cal.App.) Contract held to require pay-340 (Kan.) Action to recover part of price
ment at place of delivery.-Humphry v. Farm-
ers' Union & Milling Co., 489.

81(1) (Cal.App.) Contract for sale of au-
tomobile called for delivery in reasonable time.
-Boland v. Smith, 825.

III. MODIFICATION OR RESCISSION
OF CONTRACT.

(A) By Agreement of Parties.
89 (Cal.App.) Evidence held to support
finding that agreement sued on had not been
modified.-Stone v. Porter-Burnham Co., 830.

(C) Rescission by Buyer.

124 (Colo.) Returned goods upon rescis-
sion held sufficient.-Keith v. Schuck, 530.

On rescission buyer could make good his
tender of goods, refused by seller by deliver-
ing release of mortgage thereon.-Id.

130(2) (Cal.) Exact damage need not be
shown in action for rescission.-Munson v.
Fishburn, 808.

130(3) (Cal.App.) Evidence held to justify
conclusion delay in delivery unreasonable.-
Boland v. Smith, 825.

IV. PERFORMANCE OF CONTRACT.
(D) Payment of Price.

~191 (Mont.) Check accepted in place of
cash was payment until dishonored.-Montana
Live Stock & Loan Co. v. Stewart, 985.

Refusal to guarantee check in payment of
price not dishonor thereof.-Id.

Seller who took check could not rescind for
nonpayment without presenting it.-Id.

196 (Utah) Waiver of initial payment on
price by delivery without it.-Consolidated Wag-
on & Machine Co. v. Wright, 937.

V. OPERATION AND EFFECT.

paid held not maintainable; seller in posses-
sion by sale of goods for which buyer had
Co. v. Adams, 755.
given note elected his remedy.-Central Trust

353(6) (Cal.) Seller of growing crop, su-
ing for price, need not allege delivery.-Jones
v. California Growers & Shippers, 172.

353(8) (Utah) Complaint in seller's action
on buyer's note held defective in not stating
amount due thereon.-Staheli v. Adams, 781.

(F) Actions for Damages.
384(2) (Mont.) Damages for
breach is difference between market and con-
buyer's
tract price.-Church v. Zywert, 291.

VIII. REMEDIES OF BUYER.
(C) Actions for Breach of Contract.

411 (Cal.App.) Buyer, suing seller for re-
fusal to deliver, not required to plead par-
ticulars as to general damages.-Hogue-Kellogg
Co. v. Baker, 493.

Allegation as to price for which goods could
have been bought not equivalent to allegation
as to value thereof to buyer.-Id.

Complaint held to state cause of action for
failure to deliver.-Id.

of shipment held to sustain judgment for dam-
417 (Cal.App.) Evidence of value at place
ages.-Humphry v. Farmers' Union & Milling
Co.. 489.

418(2) (Mont.) Damages for breach is
Montana Live Stock & Loan Co. v. Stewart,
difference between contract and market price.-

985.

(D) Actions and Counterclaims for Breach
of Warranty.

440(4) (Or.) Evidence that variety of seed
sold would have produced crop next year ad-
missible in mitigation.-Horn v. Elgin Ware-
house Co., 151.

(A) Transfer of Title as Between Parties.
199 (Cal.) Whether title passes at deliv-
ery depends on intention as shown by circum-441 (2) (Or.) Evidence held not to show
stances. South San Francisco Packing & Pro-express warranty of variety of seed wheat.-
vision Co. v. Jacobsen, 628.
Horn v. Elgin Warehouse Co., 151.

202(2,3) (Cal.) Title to hogs held not to
pass where check for price was dishonored.-
South San Francisco Packing & Provision Co.
v. Jacobsen, 628.

(B) Rights and Liabilities of Seller as to
Third Persons.

222 (Cal.) An attaching creditor has no
greater rights in personal property than his
debtor.-South San Francisco Packing & Pro-
vision Co. v. Jacobsen, 628.

VI. WARRANTIES.

270 (Or.) Warranty of variety of wheat
seed held not implied where buyer inspected it.
-Horn v. Elgin Warehouse Co., 151.

285(4) (Utah) Waiver of notice of breach
of warranty by taking charge of setting up
warranted machine.-Consolidated Wagon &
Machine Co. v. Wright, 937.

287(1) (Mont.) Contract held not to re-
quire return of defective cash register.-Na-
tional Cash Register Co. v. Wall, 135.

287(6) (Utah) Seller waived return of un-
satisfactory machine by refusal to accept it.
Consolidated Wagon & Machine Co. v. Wright,
937.

442(8) (Ariz.) Though seller warranted
cattle free from contagious disease, buyer can-
not recover for mere exposure of his own herd
to infection.-Gilmore v. Wingate, 571.

447 (Or.) General verdict for defendant
sustained, notwithstanding finding of undisclos-
ed agency.-Horn v. Elgin Warehouse Co., 151.

SCHOOLS AND SCHOOL DISTRICTS.
I. PRIVATE SCHOOLS AND ACADE-
MIES.

8 (Kan.) Demurrer to evidence showing
ly sustained.-Lenox Hall v. Seelye, 737.
that extras were furnished to pupil held proper-

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

25 (Wash.) Town being organized did not,
ipso facto, become school district.-Tukwila
School Dist. v. Burrows, 1010.

Town did not become separate school district
upon organization.-Id.

42(2) (Kan.) Canvass of election to estab-
lish rural high school cannot be challenged in

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

organize it.--State v. Board of Com'rs of Mc-
Pherson County, 594.

Rural high school established after the stat-
ute cannot hold election to disorganize.-Id.
(D) District Property, Contracts, and
Liabilities.

barred

IV. PROCEEDINGS AND RELIEF.
105(3) (Colo.) Cross-complainant
by laches, though seasonably filed.-Bower v.
Pound, 425.

STATES.

II. GOVERNMENT AND OFFICERS.

69 (Cal.App.) School district trustees may
change location of high school in a city.-Law-63 (Wash.) State labor commissioner not
son v. Turlock Union High School Dist., 1055. entitled to increased compensation for new
duties. State v. Clausen, 324.

SENTENCE.

See Criminal Law, 984.

SEPARATE PROPERTY.

See Husband and Wife, 131-138.
SEPARATION.

See Husband and Wife, 278–299.

SET-OFF AND COUNTERCLAIM.
I. NATURE AND GROUNDS OF

REMEDY.

21 (Cal.App.) Party to contract held not
estopped to assert recoupment against assignee.
-Stern v. Sunset Road Oil Co., 651. -

II. SUBJECT-MATTER.

63 (Wash.) State mining inspector not en-
titled to increase in compensation during term
of office.-State v. Clausen, 329.

IV. FISCAL MANAGEMENT, PUBLIC
DEBT, AND SECURITIES.

114 (Mont.) May engage in business of
operating grain elevator.-State v. Stewart,
129.

Constitutional authorization held to include
operation of grain elevator by state.-Id.

116 (Cal.) Act providing for bond issue
held unconstitutional for failure to make proper
provision for payment of principal.-Hatfield v.
Jordan, 1030.

116 (Mont.) Statute creating state debt
without providing for payment is unconstitu-
tional.-State v. Stewart, 129.

Statute held sufficient to provide for taxes
to purchase and maintain state-owned grain
elevator.-Id.

29(1) (Cal.App.) Overpayment held prop-
er matter for counterclaim.-Bledsoe v. Stuck-124 (Utah) Funds of State Land Board
may be invested in town bonds; "city."-State
Board of Land Com'rs v. Ririe, 59.

ey, 217.

44(1) (Kan.) In action against several for
assault, a claim for alienating affections of
wife of one defendant may be set off.-Ruby v.
Baker, 6.

49(1) (Cal.App.) Recoupment proper where
cause of action on assigned demands, and de
fendant's right against assignor originated in
V.
indivisible contract.-Stern Sunset

same

See Statutes, 93.

SPECIFIC PERFORMANCE.

1. NATURE AND GROUNDS OF
REMEDY IN GENERAL.

12 (Cal.) Avoidance of contract by agent
not disclosing interest available as defense
without revocation.-Newell-Murdock Realty
Co. v. Wickham, 359.

II. CONTRACTS ENFORCEABLE.

41 (Colo.) Provision that statute of frauds
shall not abridge power to compel specific per-
formance in case of part performance not to
be enlarged.-Knoff v. Grace, 526,

42 (Colo.) Part performance must be of
something required by contract.-Knoff
Grace, 526.

V.

Part performance, taking parol lease out of
the statute, must be consistent with no other
theory.-Id.

43 (Colo.) Payment of rent and taking pos-
session under a parol lease is not sufficient
part performance.-Knoff v. Grace, 526.

Installation of trade fixtures, coupled with
taking of possession and payment of rent, not

137 (Utah) Auditor may object to use of
money for purposes for which not appropriat-
ed.-State Board of Land Com'rs v. Ririe, 59.
Auditor cannot inquire into desirability of
investment by Land Board.—Id.

STATUTE OF FRAUDS.

See Frauds, Statute of.

STATUTE OF LIMITATIONS.

See Limitation of Actions.

STATUTES.

For statutes relating to particular subjects,
see the various specific topics.

I. ENACTMENT, REQUISITES, AND
VALIDITY IN GENERAL.

47 (Mont.) Statute making "agricultural
lands" liable for taxation for support of state-
owned grain elevator held not uncertain; "ag-
riculture"; "agricultural in character."-State
v. Stewart, 129.

64(1) (Nev.) Partial invalidity does not in-
validate independent portions.-Ex parte God-
dard, 916.

II. GENERAL AND SPECIAL OR LO-
CAL LAWS.

93(6) (Cal.App.) Statute permitting trus-
tees to change location of high school in city
not invalid.-Lawson v. Turlock Union High
School Dist., 1055.

III. SUBJECTS AND TITLES OF ACTS.
114(1) (Cal.App.) Title of state Poison
Act held sufficient.-People v. City of San Ber-
nardino, 482.

114(4) (Cal.App.) Title of state Medical
Practice Act held sufficiently comprehensive to
include punishment for practicing without a
certificate.-People v. T. Wah Hing, 662.

IV. AMENDMENT, REVISION, AND

CODIFICATION.

141(2) (Or.) Constitutional provision as to

sections are added.-Brown v. City of Silverton, | 208 (Utah) Words considered in relation971. ship to context and general purpose.-State Board of Land Com'rs v. Ririe, 59.

V. REPEAL, SUSPENSION, EXPIRA-212 (Utah) Legislature presumed to know TION, AND REVIVAL.

162 (Wash.) Special law, when repealed by implication.-State v. Public Service Commission, 1012.

VI. CONSTRUCTION AND OPERA

TION.

(A) General Rules of Construction.

construction by state officers.-State Board of Land Com'rs v. Ririe, 59.

217 (Okl.) History of time of enactment may be resorted to.-Chicago, R. I. & P. Ry. Co. v. Gist, 878.

History of time of enactment tends to disclose reasons for act.-Id.

219 (Utah) Executive construction, though not binding, entitled to consideration.-State Board of Land Com'rs v. Ririe, 59.

181(1) (Mont.) In construing statutes, the legislative intent must be sought.-State v.2254 (Idaho) Statutes construed together. Smith, 107; Same v. Dunn, 121. -State v. McBride, 247.

188 (Colo.) Words and phrases presumed 22534 (Utah) Legislature having re-enactto be used in usual sense.-Darius v. Apostolos, ed statute will be presumed to have been satisfied with court construction prior to reenactment.-State v. Roberts, 351.

510.

190 (Cal.App.) Construed to avoid ambiguities.-Rumetsch v. Davie, 1075.

194 (Colo.) Ejusdem generis not applicable where specific words signify subjects greatly different.-Darius v. Apostolos, 510.

196 (Mont.) Qualifying words applied to words immediately preceding.-R. M. Cobban Realty Co. v. Chicago, M. & St. P. Ry. Co. of Montana, 988.

205 (Utah) Construed as whole.-Roberts v. Lynch, 930.

206 (Utah) Effect must be given to every word if possible.-State Road Commission v. Industrial Commission of Utah, 544.

226 (Or.) Difference from state irrigation district act of another state held to preclude adoption of construction.-Board of Directors of Medford Irr. Dist. v. Hill, 957.

(D) Retroactive Operation.

263 (Or.) Not construed to be retrospective unless clearly made so.-Brown v. City of Silverton, 971.

263 (Wash.) No retrospective construetion, unless intent plainly expressed.-Teed v. Brotherhood of American Yeomen, 1005.

255

JUDICIAL CODE.

COMPILED STATUTES

1918.

Act 1911, March 3, ch. 231, 36 §§ 3115a-31151⁄2j....... 239 § 94..

Stat. 1087.

§ 237. Amended 1914, Dec. 23, ch. 2, 38 Stat. 790

STATUTES AT LARGE. 1887, Feb. 4, ch. 104, 24

CIVIL CODE.

.196, 460

§ 31154a et seq....

.......

539 § 107.
$137.

196

.368, 458, 464

COMPILED STATUTES AN-
NOTATED SUPPLE-
MENT 1919.

137. Amended by Laws,

1917, p. 35..

464

§§ 146, 147.

460

.458, 460

31154a et seq.........

539

159.

460

$$ 226, 230.

804

ARIZONA.

$$ 301-303.

177

303, subsec. 4.

177

422

1913.

85$ 1261..

181

77

1263..

.370, 496

Pars. 1627–1647.
Par. 3087..

79 1276..

568 $1276, subsec. 4.

85 $8 1317, 1326.

168

168

17

§ 1330..

46

396

1914, Dec. 23, ch. 2, 38

§ 736....

422

§ 1386, subsec. 8.

442

§ 1573..

188

$$ 1582, 1583.

489

§ 1624..

.815. 819