For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER 290(3) (Kan.) Failure to deny allegations, 19 (Okl.) Burden of proving agency, naof agency under oath admits agency but not ture, and extent rests on party alleging it.— liability for all debts alleged to have been in- Bourland v. Mosier, 225 P. 348. curred by agents.-Comley Lumber Co. v. Mid-23(1) (Colo.) Agency not established by Co. Petroleum Co., 225 P. 744. agent's declarations.-Commonwealth Casualty Ins. Co. v. Kuhrt, 225 P. 251. XI. MOTIONS. 354(1) (Okl.) Reply held not departure II. MUTUAL RIGHTS, DUTIES, AND LIAfrom complaint.-Rule v. Rule, 225 P. 170. BILITIES. (A) Execution of Agency. to 362 (2) (Colo.) Allegations as to transfers and effect of certain deeds should have been stricken as evidential matter and as anticipat-62(1) (Ariz.) Principal not required ing defenses.-Matonock v. Speer, 225 P. 257. suffer where agent mingles principal's funds with his own, so that he is unable to separate them. Otero v. Banco de Sonora, 225 P. 1112. 362(3) (Cal.App.) Immaterial matter in complaint should be attacked by motion to strike.-Anglo American Land Co. v. Sundberg, 225 P. 874. 367 (4) (Kan.) Refusal to require defendants to make complaint more definite and certain held not error.-Morlan v. Hyatt, 225 P. 739. XII. ISSUES, PROOF, AND VARIANCE. 372 (Wyo.) Allegations that writing was not in full payment of all damages raised no issue of fact.-Natrona Power Co. v. Clark, 225 P. 586. 63 (3) (Ariz.) Provision of contract as to rate of exchange construed.-Otero v. Banco de Sonora, 225 P. 1112. (B) Compensation and Lien of Agent. 88 (Okl.) Principal liable for compensation of subagent where employment authorized and ratified.-American Oil & Refining Co. v. Clements, 225, P. 349. III. RIGHTS AND LIABILITIES AS TO (A) Powers of Agent. 376 (Wash.) Disclaimer of interest by defendant held to render evidence unnecessary to support finding of no interest.-Olson v. Fire-103(7) (Colo.) Automobile dealer held not oved, 225 P. 643. bound by acts of its mechanic as sales agent. -Florence Auto Co. v. McBeth, 225 P. 816. XIII. DEFECTS AND OBJECTIONS, WAIV- 418(3) (Colo.) Plaintiff waived error in to 105 (7) (Mont.) Circumstances held show one collecting payments from mortgagor was mortgagee's agent.-Security State Bank v. Soule, 225 P. 127. overruling demurrer to defense by pleading (3) (Mont.) Mere agreement that buyover.-Boggs v. Lumbar, 225 P. 266. er under conditional sale might sue third person injuring article heid not to bar seller's action.-Lacey v. Great Northern Ry. Co., 225 P. 808. 426 (3) (Colo.) Demurrer on same ground waiver of error of ruling on motion to strike allegations.-Etna Casualty & Surety Co. v. North Sterling Irr..Dist., 225 P. 261. 426(3) (Colo.) Overruling motion to strike held waived by pleading over.-Boggs v. Lumbar, 225 P. 266. 428 (4) (Okl.) Objection to evidence on ground that petition does not state cause of action is equivalent to demurrer.-Carson v. Crossman, 225 P. 947. 428(6) (Okl.) Rule as to sufficiency of petition challenged by objection to introduction of evidence stated.-Carson v. Crossman, 225 P. 947. PLEDGES. 119(1) (Okl.) Burden of proving agency, nature, and extent rests on party alleging it.Bourland v. Mosier, 225 P. 348. 121 (Mont.) Agent is a competent witness on the question of his authority.--McCarthy v. Anaconda Copper Mining Co., 225 P. 391. 123(8) (Okl.) Evidence held insufficient to show agent's authority to contract.-Bourland v. Mosier, 225 P. 348. 128 (Kan.) Claim for loss of wheat in transit presented by plaintiff's commission agent held sufficient.-Nelson v. Union Pac. R. Co., 225 P. 1065. (B) Undisclosed Agency. 30 (4) (Cal.) Judgment ordering execution on, and sale of, collateral security, merely sub 145 (4) (Cal.App.) Third party may hold stitutes judgment as collateral.-Anglo-Califor- either undisclosed principal or agent.-Runia Trust Co. v. Oakland Rys., 225 P. 452. dolph Wurlitzer Co. of California v. Cutting, 225 P. 11. 57 (Cal.) Finding that principal of a note issue was unpaid held not inconsistent with othfindings.-Anglo-California Trust Co. V. Oakland Rys., 225 P. 452. er POLICE POWER. (C) Unauthorized and Wrongful Acts. 147 (3) (Colo.) Buyer of car, dealing with seller's mechanic, held bound to inquire into extent of mechanic's selling authority.-Flor See Constitutional Law, 81; Municipal Cor- ence Auto Co. v. McBeth, 225 P. 816. porations, -592-642. PRACTICE. For practice in particular actions and proceedings, see the various specific topics. PRESCRIPTION. 156 (Kan.) Agent's fraud held imputable to principal.-Brenard Mfg. Co. v. Scranton, 225 P. 731. 159 (1) (Cal.App.) Principal held not entitled to recover value of materials taken by agent and delivered to another principal for whom obtained.-Klein-Simpson Fruit Co. v. Hunt, Hatch & Co., 225 P. 14. 159(1) (Cal.App.) Rule as to principal's See Adverse Possession; Limitation of Actions. liability to third persons for negligence of V. Paso Robles PUBLIC SERVICE COMMISSIONS. P.6 (Okl.) Corporation Commission has only such power as is expressly or by necessary implication conferred by Constitution and statutes.-Smith v. Corporation Commission of Oklahoma, 225 P. 708. 123(1) (Wash.) Relative to exoneration of surety for want of notice of default of principal held that payments required by supplemental contract were to be made monthly.Commercial Waterway Dist. No. 2 of King County v. Nichols, 225 P. 652. IV. REMEDIES OF CREDITORS. 152 (Wash.) Surety on joint and several bond suable separately from principal.-State v. Oakley, 225 P. 425. 160 (Colo.) Cost of completing work evidence of damage sustained by abandonment.Etna Casualty & Surety Co. v. North Sterling Irr. Dist., 225 P. 261. (D) Privileges and Exemptions, 120 (Utah) As matter of comity, state Corporation Commission has no jurisdiction to adjudicate purely private matters.-Id. Corporation Commission held to have no jurisdiction as to controversy between attorneys and patrons of utility as to fees.-Id. 25 (Kan.) Inquiry into elements entering into valuation of utility's plant unnecessary, Coffeyville Gas & Fuel Co. v. Public Utilities where parties had agreed as to valuation.Commission of Kansas, 225 P. 1036. 31 (Okl.) Appeal from Corporation Comenabling court to pass on reasonableness theremission's order dismissed in absence of record of.-Oklahoma Gas & Electric Co. v. State, 225 P. 710; Muskogee Gas & Electric Co. v. State, 225 P. 711. 33 (Okl.) Presumption of reasonableness of Corporation Commission's order cannot be disregarded by court.-Oklahoma Gas & Electric Co. v. State, 225 P. 710; Muskogee Gas & Electric Co. v. State, 225 P. 711. PUBLIC SERVICE CORPORATIONS. See Carriers; Electricity; Gas; Railroads; Street Railroads. QUANTUM MERUIT. should grant to nonresidents immunity from See Work and Labor. 126 (Utah) Affidavit stating facts upon which immunity from service of summons claimed held sufficient.-Smith v. Iverson, 225 P. 603. Nonresident held immune from service while temporarily in state to attend court as party plaintiff and witness.-Id. PROHIBITION. See Intoxicating Liquors. 1. NATURE AND GROUNDS. 5(4) (Mont.) Relator held entitled to writ prohibiting use of articles unlawfully seized, as evidence against him.-State v. District Court of Eighth Judicial Dist. in and for Cascade County, 225 P. 1000. 13 (Cal.App.) Application for writ held to present only moot question.-Maiden v. Superior Court, Alameda County, 225 P. 464. PROMISSORY NOTES. See Bills and Notes. 1 PROPERTY. 9 (Okl.) Rebuttable presumption of ownership arises from possession.-Trimble v. Smith, 225 P. 364. Unexplained possession prima facie evidence of ownership.-Id. PUBLIC IMPROVEMENTS. See Municipal Corporations, 353-567. PUBLIC LANDS. II. SURVEY AND DISPOSAL OF LANDS OF UNITED STATES. (A) Surveys. 25 (Cal.App.) Official township plats conclusive evidence of title under patent.-Southern Pac. Land Co. v. Dickerson, 225 P. 5. QUIETING TITLE. 10(1) (Okl.) Plaintiff and I. RIGHT OF ACTION AND DEFENSES. must allege prove ownership of legal title or complete equitable title.-Clewell v. Cottle, 225 P. 946. II. PROCEEDINGS AND RELIEF. 34(1) (Kan.) Petition held sufficient to show controversy.-Mansfield v. Crane, 225 P. 1087. 44 (3) (N.M.) Plaintiff not entitled to relief where he does not identify land claimed.First Sav. Bank & Trust Co., Albuquerque, v. Elgin, 225 P. 582. 44(5) (Okl.) Evidence as to possession held to sustain findings for plaintiff.-Bronaugh v. Sharp, 225 P. 681. RAILROADS. See Street Railroads. X. OPERATION. (C) Companies and Persons Liable for Injuries. 266 (Kan.) Railroad liable for negligence driven.-McRae v. Missouri Pac. R. Co., 225 P. as to guest in automobile, though negligently 1032. 266 (Okl.) Neither of employees joined with employer as defendants liable for negligence of other.-Atchison, T. & S. F. Ry. Co. v. Bratcher, 225 P. 941. (F) Accidents at Crossings. 307 (4) (Okl.) Failure to maintain watchman at crossing held proper evidence for_jury on question of negligence.-St. Louis-San Francisco Ry. Co. v. Robinson, 225 P. 986. 350(5) (Okl.) Evidence of failure to ring bell and keep watchman at crossing held for jury.-St. Louis-San Francisco Ry. Co. v. Robinson, 225 P. 986. For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER 350(16) (Kan.) Contributory negligence 71 (2) (Colo.) Notes and mortgage canheld for jury.-Peterson v. Atchison, T. & S. celed by foreclosure after action commenced F. Ry. Co., 225 P. 116. held admissible.-Bailey v. Sullivan, 225 P. 830, RAPE. II. PROSECUTION AND PUNISHMENT. (B) Evidence. 51(4) (Wash.) Question of force to be RESIDENCE. See Domicile. RETROSPECTIVE LAWS. considered in view of circumstances.-State v. See Constitutional Law, 186-193. Mertz, 225 P. 62. V. ALLOWANCE AND PAYMENT OF 155 (Wash.) Lien may be enforced against See Master and Servant, 217. See Highways; Private Roads. SAFE DEPOSITS. receiver, where doing business as private per- See Warehousemen, 45-47. son.-Adams v. Harvey, 225 P. 407. 1 VII. ACCOUNTING AND COMPENSATION. SALES. 194 (Kan.) Allowance of $3,500 addition- See Taxation, 658; Vendor and Purchaser. al attorney's fee held not erroneous.-Barton v. Butler County Oil Co., 225 P. 100. RECORDS. I. REQUISITES AND VALIDITY OF CON- 38(8) (Kan.) Fact that one was busy when giving written order for goods held insuf-Western Tractor Equipment Co. v. Ayers, 225 P. 115. See Appeal and Error, 509-704; Criminal ficient justification for signing without reading. Law, 1110-1128. RELEASE. II. CONSTRUCTION AND OPERATION. 39 (Kan.) Misrepresentation and warranty that goods free of liability for debt held to warrant rescission of bulk sale on ground of fraud.-Holt v. Richardson, 225 P. 1086. 29(1) (Wash.) Release of joint tort-feas or held to release other joint tort-feasor.-Sunset 53(3) (Kan.) Whether seller agreed to deCopper Co. v. Zickrick, 225 P. 625. 29(1) (Wyo.) Release of one joint tortfeasor discharges both.-Natrona Power Co. v. Clark, 225 P. 586. 29(4) (Wyo.) Whether right to sue another is reserved depends on intention as gathered from whole instrument.-Natrona Power Co. v. Clark, 225 P. 586. Release of one joint tort-feasor reserving right to sue another construed as covenant not to sue.-Id. 37 (Wash.) Stipulation held release of joint tort-feasor, and not mere covenant not to sue him.-Sunset Copper Co. v. Zickrick, 225 P. €25. 37 (Wyo.) Covenant not to sue joint tortfeasor not discharge of both.-Natrona Power Co. v. Clark, 225 P. 586. liver latest model of automobile and delivered preceding year's model held for jury.-Pellette v. Mann Auto Co., 225 P. 1067. Whether automobile was of latest model held for jury.-Id. 53(3) (Or.) Whether watches misbranded deceit practiced upon buyer held for the jury.-Laubhein v. Holsman, 225 P. 190. or II. CONSTRUCTION OF CONTRACT. 87(1) (Kan.) Personalty presumed to be delivered under contract of sale in state where located.-Ellis v. Eagle-Picher Lead Co., 225 P. 1072. IV. PERFORMANCE OF CONTRACT. (C) Delivery and Acceptance of Goods. 176(1) (Cal.App.) Delay in making III. PLEADING, EVIDENCE, TRIAL, AND pairs held not to constitute defense.-Rudolph Wurlitzer Co. of California v. Cutting, 225 P. 11. REVIEW. re 52 (Wyo.) Issue of mistake not raised by 181 (1) (Wash.) Plaintiff need not prove reply.-Natrona Power Co. v. Clark, 225 P. 586. REMAINDERS. (Okl.) Common-law "remainder" ed. Knight v. Kimble, 225 P. 909. REPLEVIN. that dairy products sold complied with statute. -Royal Dairy Products Co. v. Spokane Dairy Products Co., 225 P. 412. abolish.182(1) (Okl.) Breach of contract to sell business by sellers held for jury.-Zarrow v. Whisler, 225 P. 917. VI. WARRANTIES. IV. PLEADING AND EVIDENCE. 273 (5) (Okl.) Manufacturer of machines 66 (Colo.) Replication held not obnoxious according to certain pattern does not impliedly to general demurrer for failure to allege mort- warrant fitness of machines for intended purgagor's ownership of property at date of mort- pose.-Christopher Press Controller Co. v. N. gage. Bailey v. Sullivan, 225 P. 830. S. Sherman Machine & Iron Works, 225 P. 505. ac 69(5) (Colo.) Proof of any interest con-273 (5) (Wash.) Airplane propellers ferring right of possession sustains general al- cepted by government agents not thereafter legation of ownership and right of possession.- rejected.-Jacuzzi Bros. v. Boeing Airplane Co., Bailey v. Sullivan, 225 P. 830. 225 P. 431. 71(1) (Wash.) Permitting evidence show-279 (Okl.) Seller's guaranty against decline ing wrong measure of damages held reversible in price construed.-Sac City Canning Co. v. error.-James v. Weiffenbach, 225 P. 627. Griffin Grocery Co., 225 P. 702. Sales VIII. REMEDIES OF BUYER. (C) Actions for Breach of Contract. 405 (Wash.) Defendant unlawfully selling milk powder could not recover for loss of cus tomers. Royal Dairy Products Co. v. Spokane Dairy Products Co., 225 P. 412. 418(19) (Okl.) Measure of damages for manufacturer's failure to manufacture machinery according to contract stated.-Christopher Press Controller Co. v. N. S. Sherman Machine & Iron Works, 225 P. 505. 421 (Okl.) General instruction in buyer's action for breach of contract to sell business held not erroneous.-Zarrow v. Whisler, 225 P. 917. IX. CONDITIONAL SALES. 467 (Mont.) Risk of loss or injury from third person's act falls on buyer as against seller under conditional sale.-Lacey v. Great Northern Ry. Co., 225 P. 808. 469 (Mont.) Order, amounting to settlement as on account stated, held payment.Lacey v. Great Northern Ry. Co., 225 P. 808. Matters held to bar right of seller under conditional sale to sue for injury to article.-Id. 476 (Mont.) Status of parties to conditional sales not changed by mere default in payment.-Lacey v. Great Northern Ry. Co., 225 P. 808. 479 (9) (Mont.) Right of action for damages of seller in conditional sale on injury of article stated.-Lacey v. Great Northern Ry. Co., 225 P. 808. (E) District Debt, Securities, and Taxation. 97(2) (Kan.) Bonds issued under certain statute without election and advertisement for sale or offer for sale to school fund commissioners.-State v. Davis, 225, P. 1064. (F) Claims Against District, and Actions. 114 (Kan.) District may sue and be sued.School Dist. No. 38 v. Rural High School Dist. No. 6, 225 P. 732. (G) Teachers. 141 (2) (Cal.App.) Statute allowing board to "dismiss" held to authorize suspension of school teacher.-Goldsmith v. Board of Education of Sacramento City High School Dist., 225 P. 783. Statute allowing school boards to dismiss teachers for unprofessional conduct held not void.-Id. 141 (4) (Cal.App.) Advocacy of political candidacy held "unprofessional conduct" warranting teacher's suspension.-Goldsmith Board of Education of Sacramento City High School Dist., 225 P. 783. V. 144(4) (Colo.) Art, music, and domestic science teachers held "special teachers" improperly certified for minimum salary.-MeCartey v. School Dist. No. 9 in La Plata County, 225 P. 835. District entitled to participate in teachers' minimum salary fund on basis of year exceeding nine months.-Id. SEALS. (Wyo.) Sealed writing not more effective than unsealed one.-Natrona Power Co. v. Clark, 225 P. 586. SEARCHES AND SEIZURES. 480 (6) (Mont.) Right of action against third person, for damages of seller in condi-7 (Mont.) Facts held not to justify relattional sale on injury of article stated.-Lacey or's arrest by one not an officer, and search v. Great Northern Ry. Co., 225 P. 808. and seizure following was illegal.-State v. District Court of Eighth Judicial Dist. in and for Cascade County, 225 P. 1000.. Matters held not to bar right of conditional seller to sue third person for injury to article. -Id. 481 (Mont.) Buyer in conditional sale may sue for all damages to article.-Lacey v. Great Northern Ry. Co., 225 P. 808. SCHOOLS AND SCHOOL DISTRICTS. II. PUBLIC SCHOOLS. (B) Creation, Alteration, Existence, and Dissolution of Districts. 24(2) (Kan.) District cannot bring action questioning existence, boundaries, or validity Extent of application of constitutional provisions against unreasonable search and seizure, stated.-Id. Unlawful search and seizure is unreasonable. of other districts.-School Dist. No. 38 v. Rural See Husband and Wife, 133-158. High School Dist. No. 6, 225 P. 732. 42(2) (Kan.) Validity of rural high school district cannot be challenged by ordinary dis-trict included within boundaries conducting accredited high school.-School Dist. No. 38 v. Rural High School Dist. No. 6, 225 P. 732. (D) District Property, Contracts, and Liabilities. 79 (Cal.) Authority of trustees to place insurance on school property purely statutory. -People v. Stanley, 225 P. 1. Board of trustees could not place fire insurance with mutual company organized under laws of another state.-Id. 81 (2) (Utah) Plaintiff's claim subordinated to that of others for failure to show that materials went into building.-Mountain States Supply Co. v. Nuttall-Allen Co., 225 P. 811. 86(2) (Utah) Workmen or materialmen acquire no lien on public building, but only preferential right to moneys owing contractor.Mountain States Supply Co. v. Nuttall-Allen Co., 225 P. 811. SEPARATION. See Husband and Wife, 283-299. SET-OFF AND COUNTERCLAIM. II. SUBJECT-MATTER. 29(1) (Colo.) Exclusion of evidence of plaintiff's counterclaim relating to subject of cross-complaint held reversible error.-C. H. Parker & Son Electrical Co. v. Prince, 225 P. 856. 33(1) (Ariz.) One contract may be set off against another under statute.-Hammons v. Grant, 225 P. 485. 35(1) (Kan.) Unliquidated damages arising from breach of covenants of warranty may be set off against note secured by mortgage.— Dalsing v. Leib, 225 P. 1074. See Drains. SEWERS. For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER SHERIFFS AND CONSTABLES. SHIPPING. III. CHARTERS. II. GOVERNMENT AND OFFICERS. 225 P. 1007. 44 (Cal.App.) Local officers acting as reg- 58(2) (Wash.) Evidence held to show de- It is within power of state to make local of- See Libel and Slander. SLANDER. SPECIAL LAWS. See Statutes, 68-100.. SPECIFIC PERFORMANCE. 58 (Kan.) Statute directing Governor to 73 (Kan.) Statute prescribing duties of STATUTE OF FRAUDS. I. NATURE AND GROUNDS OF REMEDY IN See Frauds, Statute of. GENERAL. STATUTE OF LIMITATIONS. 24 (Okl.) One party not entitled to spe- II. CONTRACTS ENFORCEABLE. 29(1) (Cal.App.) Parol contract to buy STATUTES. For statutes relating to particular subjects, see 1. ENACTMENT, REQUISITES, AND VA- 29(1) (Or.) Description of property to be61 (Cal.App.) Conclusively presumed Leg- 225 P. 728. III. GOOD FAITH AND DILIGENCE. ough Ditch Co., 225 P. 207. 87 (Okl.) Specific performance not granted 97(1) (Cal.App.) Changing manner of pos- IV. PROCEEDINGS AND RELIEF. 102 (Okl.) Suit for specific performance 121 (2) (Colo.) Oral agreements to devise 76(2) (Mont.) Legislature held not pre- 77(1) (Wyo.) Whether general or special 94(1) (Mont.) Statute forbidding award of 121(5) (Colo.) Evidence held insufficient 121 (11) (Okl.) Finding held in accordance 128(1) (Or.) Court held unauthorized to STATES. of Constitu- 95(1) (Mont.) Inheritance tax statute held 97 (3) (Cal.App.) No constitutional limi- 111. SUBJECTS AND TITLES OF ACTS. 107(1) (Wash.) Title to Warehouse Act I. POLITICAL STATUS AND RELATIONS. |