There will probably be other papers and discussions, but this is the extent of the announcement, which we are able to make at the present time.

CORPUS JURIS, VOLUME 17.

This new volume of a work now, by reason of the great variety of important subjects already covered, being much used by the courts, is among the most valuable of any of the volumes so far issued.

Volume 17 is practically the second volume on Criminal Law. Volume 16, already issued, contains the first part of this very thorough, exhaustive and valuable contribution to the science of the law. A very careful examination of the treatment of this very important subject compels us to say that there is no treatise that can compare with its exhaustiveness. It is practically an index to the authorities and the notes do not merely cite the cases but give a succinct outline of the facts and the opinion. In this respect the article on Criminal Law follows the plan adopted in treating all subjects in Cyc. and which has made this work so much more valuable than other encyclopedias. But this feature is especially valuable in a treatise on the Law of Crimes where careful differentiation of the facts in the application of any particular rule is so very important.

Few lawyers, we believe, realize that the subject of Custom and Usage is today one of the live subjects of the law. It takes 84 closely printed pages (equal to at least 170 pages of an ordinary text book) to treat this subject even in encyclopedic form in the new volume of Corpus Juris. The subject of Customs Duties covers 160 pages. The increase of our foreign trade has made this subject a very important one at this time.

The most important subject, completely treated in Volume 17 is the article on Damages, which covers 425 pages, a magnificent, accurate and exhaustive treatment of a subject to which the lawyer has frequent occasion to refer. The subject of "Death" and the liabilities growing out of the commission of acts resulting in death cover a range of 216 pages, by far the best treatise on this increasingly important subject.

The general workmanship, including typesetting, paper and binding, is of the highest standard of excellence, the thin paper used permitting a volume of 1,380 pages like Volume 17 to occupy one-third the shelf-room of an ordinary text book.

Published by American Law Book Company, New York.

HUMOR OF THE LAW.

Senator Sheppard at a recent address in Galveston touched on prohibition, during which he inserted the following:

"A colored woman lost her husband. He had long been a heavy drinker and a burden on the family, and she was so delighted to get rid of him that she decided to celebrate with the most elaborate burial her purse afforded.

"Ah done want a swell coffin,' she told the undertaker, 'one of dem swell ones made of mahogany.'

"'Yes, mammy, and what kind of trimmin's do you want on it?' asked the undertaker. ""Trimmin's! Man, Ah doan want no trimmin's. Dat's what he died of!'"

"I am very sorry, sir," the publisher said, "but I'm afraid we can't use your novel, though, as far as it goes, it is excellent."

"May I inquire your objections to it?" the author asked, in surprise, for hitherto his stories had been in great demand.

"Certainly," was the reply. "In your story there are only twenty-nine people killed by the hero, and he has but one affinity, and I have reliable information that Bookman Brothers are about to bring out one in which the hero kills thirty-one people, is elected on the Prohibition ticket and has two wives run away with him."

Judge-What was the cause of the rumpus? Policeman-Well, you see, judge, this man here and that woman there are married-" Judge-Yes, yes, I know; but what was the other cause?"-Boston Transcript.

The corn in a silo on Hennessy's place Turned sour and "worked" (as is often the case).

The cow ate the corn, and the milk in the pail That evening was flavored somewhat like Scotch ale.

When Hennessy drank some for supper, with bread,

He found that it suddenly went to his head, So he cranked up his flivver, and, scorching

through town,

Ran a couple of sheep and a constable down.
At all events, this was the gist of his tale,
That he told to the sheriff who put him in jail.
But the sheriff was sure that the yarn was a lie,
And so, gentle reader, am I!

-J. J. Montague in St. Louis Post-Dispatch.

of

1. Accord and Satisfaction-Acceptance Check. If creditor accepted a check with statement attached, reciting that check would be in full payment, settlement and satisfaction of any claim due creditor, and that nothing beyond the amount of the check should be due or payable until after certain contingencies eventuated, and if such contingencies never occurred, there was a full accord and satisfaction.-Frame v. Cassell, Ia., 175 N. W. 521.

2. Account Stated-Elements of.-To constitute an account stated, the statement rendered by the creditor must be agreed to by the debtor, and the amount must be fixed.--Locke v. Woodman, Mo., 216 S. W. 1006.

3. Action-Moot Case.-That equity case is "moot" in which no decree consistent with both pleadings and existing facts will benefit any party as against the other parties to the litigation.-U. S. v. Pan-American Commission, U. S. D. C. 261 Fed. 229.

4. Adverse Possession-Hostile Possession.Five indispensible elements in "adverse possession" are that it must be hostile and under a claim of right, actual, open and notorious, exclusive and continuous.-Burcham v. Roach, Ind., 125 N. E. 463.

5. Statutes of Limitation.-As a basis for title through adverse possession under statutes of limitation, "color of title" is that which has the semblance or appearance of title, but which is in fact no title, so that any instrument, however defective or imperfect, may be color of title.-Theisen v. Qualley, S. D., 175 N. W. 556.

6. Banks and Banking-Customer's Deposit. -A bank has the right to appropriate and apply a customer's deposit subject to his check to the satisfaction and discharge of any indebtedness due from him to the bank.-First State Bank v. Hunt, Okla., 185 Pac. 1089.

7.-Liquidation.-Under Acts Ala. 1911. p. 50, creating banking department of the state and authorizing the superintendent of banks to take possession and liquidate unsound banks, whether corporate or private, by collecting all debts due and claims belonging to the bank, or by

selling pursuant to order of court all of the property of the bank, the superintendent of banks may under order of court dispose of, with the other property, the bank's right of action against directors for mismanagement.-Houghton v. Enslen, U. S. C. C. A., 261 Fed. 113.

8. Bankruptcy-Attorney's Lien.-Institution of bankruptcy proceedings did not invalidate attorney's lien on policies of bankrupt in attorney's possession.-In re Luber, U. S. D. C., 261 Fed. 221.

9.- Tortfeasor.-Unliquidated claims arising ex delicto are not provable in bankruptcy under Bankruptcy Act, § 63, stipulating what debts may be proved, despite § 17, as amended by Act Cong., Feb. 5, 1903, c. 487, § 5, though, if a tortfeasor obtains something of value, there may be a provable claim quasi ex contractu.-Schall v. Camors, U. S. S. C., 40 Sup. Ct. 135.

10. Bills and Notes-Indorser.-Under Negotiable Instruments Law (G. L. 2935), an indorser undertakes to pay only if the note is seasonably presented to the maker and the indorser is seasonably notified of the maker's default.Grapes v. Willoughby, Vt., 108 Atl. 421.

11. Brokers-Bringing Parties Together.-To entitle a broker to his commission for obtaining a lender, he need not prove that he was present and personally introduced the lender to the property owner desiring the loan; it being sufficient that the broker's efforts directed to the particular transaction caused them to come together and so without any breach or cessation of activities in the progress of the business led to the consummation of the loan.-McCoy v. Zahn Corporation, Cal., 185 Pac. 1021.

12. Carriers of Passengers-Emergency. Where a passenger is suddenly confronted by imminent danger, he cannot reasonably be expected to calculate chances or to deliberate upon the means of escape, and, if he acts as a man of ordinary prudence placed in similar circumstances, and in doing so makes an effort to escape injury, and is injured, the carrier is responsible for damages.-Yazoo & M. V. R. Co. v. Hill, Ark., 216 S. W. 1054.

13. Guest.-Where an automobilist is gratuitously carrying a guest in his automobile, he must be mindful of the life and limb of his guest, and shall not unreasonably expose him to an additional peril, a guest only assuming the risks ordinarily arising from riding in an automobile when the machine is controlled and managed by a reasonably prudent man who will not, by his own want of due care, increase his danger or subject the guest to a newly created danger. -Roy v. Kirn, Mich., 175 N. W. 475.

14. Relation of Passenger.-Where a person takes a position on the platform of a street railroad company and flags an approaching car to express his purpose of boarding it, and the motorman responds in the customary manner to the signal, the relation of passenger and carrier is established, and the carrier owes to such person that high degree of care to which a passenger is entitled-Rice v. Michigan Ry. Co., Mich., 175 N. W. 454.

15.

Carriers of Goods-Public Utility.-If a petroleum pipe line was constructed solely to carry oil for particular producers under strictly private contracts, and never was devoted by its owner to public use, that is, to carrying for the public, a state could not, by mere legislative fiat or any regulating order of a commission, convert it into a public utility or make its owner a common carrier.-Producers' Transp. Co. v. Railroad Commission of State of California, U. S. S. C., 40 Sup. Ct. 131.

16. Chattel Mortgages-Fictitious Name.-A mortgage of personalty made by the owner in a fictitious name and placed on record is not constructive notice to one dealing with the owner in his true name-Windle v. Citizens' Nat. Bank, Mo.. 216 S. W. 1020.

17. Record Notice.-Chattel mortgage, recorded in wrong book, with no index, even if it should be considered void as against innocent purchaser, was valid as against purchaser with actual notice, who did not, until after purchase, discover defect in recordation, where mortgagee had done his duty in filing instrument for rec

20. Contracts-Ejusdem Generis. Where general terms are followed by specific terms, the general terms are limited by the specific ones.-Park Bldg. Co. v. George P. Yost Fur Co., Mich., 175 N. W. 431. 21.

Forbearance.-Forbearance

sue

on

to or extension of time for payment of a baseless demand is not sufficient consideration for a contract.-City Street Improvement Co. v. Pearson, Cal., 185 Pac. 962.

22. Rescission.-To warrant rescission of contract of sale of stock upon ground of mistake, the mistake must have been mutual.-Ruil v. Hughlett, Md., 108 Atl. 477.

23. Termination.-Written contract for removal and use by firm of all trash and garbage accumulating at hotel, so long as firm "handle satisfactory to the" hotel company, held lacking in mutuality, in that no time for performance was specified, and to be terminable at the will of either party.-Marion Hotel Co. v. Dickinson, Ark., 216 S. W. 1049.

24. Conversion-Real Estate and Personalty. -To work a conversion of real estate into personalty, there must be either a positive direction to sell, an absolute necessity to sell in order to execute a will, or such a blending of realty and personalty by the testator in his will as to clearly show that he intended to create a fund out of both real and personal estate, and to bequeath the same as money, but a bare power of sale, like a discretionary power, does not work a conversion until exercised.-In re Sanford's Estate, Ia., 175 N. W. 506.

25. Corporations-Consideration.-A defense of lack of consideration is not established, where it is shown that defendant received stock for which note in suit was given and that he had enjoyed the rights of a stockholder.-Bank of Valley City v. Lee, N. D., 175 N. W. 575.

26. Criminal Law-Accomplice.-The uncorroborated testimony of accomplices is sufficient in law to sustain conviction of an offense.-State v. Whaley, S. C., 101 S. E. 568.

27.- -General Reputation.-Evidence of general reputation of accused is to be confined to the particular trait of character impugned in the alleged commission of the crime under investigation.-State v. Popa, Mont., 185 Pac. 1114. 28. Opinion Evidence. It is not competent for a nonprofessional witness to give his opinion as to whether a designated person was physically able to perform acts attributed to him by other witnesses, as the facts from which such inferences were drawn could have been readily stated.-State v. Henson, Kan., 185 Pac. 1059.

29. Order of Employer.-The behest of an employer furnishes no excuse for the commission of an offense.-Cassi v. State, Tex., 216 S. W. 1099.

30. Presumption of Sanity. The law presumes that all men are sane, and, without evidence indicating a contrary state of mind, both court and jury are justified in acting upon such presumption, and, where the evidence shows the criminal act and indicates nothing as to the mental capacity of accused to commit it, a conviction is not only authorized, but should be had. -Thomson v. State, Fla.. 83 So. 291.

create the cause of action, define the period of its existence and the party by whom and the method in which it shall be enforced, and prescribe the measure of damages and the beneficiaries. In re Murg, N. Y., N. E. 508, 227 N. Y. 264.

Where the

32. Dedication-Reservation. owner of a town site sold lots with reference to the plat which designated lands adjacent to the railway tracks as reserved for railway purposes, the owner on reconveyance of a portion of said land from the railway company is estopped, as against persons who bought lots on faith of the dedication, from putting the property to any other use than that for which it was reserved. -Nave v. City of Clarendon, Tex., 216 S. W. 1110. 33. Deeds-Covenant. Where a delivered deed purporting to convey a fee-simple title to tract of land provided in granting clause that by accepting the deed the grantee agrees that he will not sell to any other person without first offering it to grantor for sum paid by grantee, and that if the grantor in writing refused to buy, the grantee might sell to anyone, such words were words of covenant and did not upon a condition subsequent create an estate.Johnson v. Hobbs, Ga., 101 S. E. 583.

34. Description of Property.-In determining the sufficiency of a description in a deed, whatever can be made certain is certain.-Zoeller v. Offer, Tex., 216 S. W. 1113.

35. Divorce-Cruel Treatment. For a husband to falsely accuse his wife of adultery as demonstrated by the findings of the chancellor, is cruel and inhuman treatment, which is ground for divorce.-Eward v. Eward, Ind., 125 N. E. 468.

36. Electricity-Negligence.-Where a power company negligently permitted a wire to become uninsulated and to come in contact with the branches of a tree or another wire for such length of time as to have enabled it to have discovered, the defects in time to have prevented an injury, and the wires fell to the ground and injured one who subsequently came in contact therewith, the power company was liable, even though the wire was not down for more than a moment-Meeker v. Union Electric Light & Power Co., Mo.. 216 S. W. 923.

37. Equity-Laches.-Mere lapse of time is not sufficient to constitute laches.-Backus v. Backus, Mich., 175 N. W. 400.

-

39. Explosives Contributory Negligence.That the owner of houseboat burned by an explosion in a nearby factory communicating fire to it, had recently noticed and been annoyed by the fumes of gasoline on the water, and had planned to find a more agreeable place for the boat, does not as matter of law show him guilty of contributory negligence, but at most makes it a question for the jury.-Woods v. Chalmers Motor Co., Mich., 175 N. W. 449.

40. False Imprisonment—Probable Cause. The want of probable cause for issuing a warrant is not essential to the right of recovery for false imprisonment; probable cause being immaterial, except as a matter of litigation.-Sands & Co. v. Norvell, Va., 101 S. E. 569. 41.

Forgery-Indictment.-It is proper that an indictment for forgery should set out the material parts of the alleged forged instrument, that the court may be able to judge by inspection of the indictment whether from its terms the instrument is the subject of forgery.-Barker v. State, Fla., 83 So. 287.

42. Fraud-Burden of Proof.-In cases where fraud is the basis upon which relief is sought, the burden of proof is on plaintiff to establish the fraud.-Reid v. Hughlett, Md., 108 Atl. 477. 43. False Representation.-A false representation, made by a party having no interest in the transaction to which the statement relates,

good will will not be protected from the competition of a rival, and the mere fact that a near relative of the seller is interfering does not necessarily show that there has been a violation of a contract not to re-engage in business, yet if the business is carried on under another name as a blind, and it appears that the seller is connected with the competing concern, relief will be granted the buyer.-Chenoweth v. Hoey, Md., 108 Atl. 478.

46. Highways-Prescription.-The public may acquire the right to use land for a highway by prescription.-Schmidt v. Town of Battle Creek, Ia.. 175 N. W. 517.

47. Homicide-Dying Declaration.-To render decedent's dying declarations admissible in a prosecution for homicide, decedent at the time of making them must have had a complete subjective conviction of his approaching dissolution, amounting to absolute certainty so far as his belief was concerned, although the period of actual survival is immaterial.-State v. Bordeleau, Me., 108 Atl. 464.

48. Self-Defense.-Whether or not the persons involved in an affray had previously conspired to kill the other person fought with, the mere fact that they may have conspired to kill him if they were attacked on their part by him when acting inoffensively, did not debar them from the right of self-defense.-King v. State, Tex., 216 S. W. 1091.

49. Husband and Wife-Entirety. - -Both at common law and under statute, a deed to husband and wife creates an estate in entirety in them, and the interest of neither is liable for debts of the other.-Traw v. Heydt, Mo., 216 S. W. 1009.

50. Privileged Communication.-While declarations of one not a party to an action made in the absence of the party against whom introduced are ordinarily inadmissible, yet, in a wife's action for alienation of affections, declarations made by the husband to wife and third parties during the period his affections were being alienated, but not in presence of defendant, are admissible to show his mental attitude.-Kraeger v. Kraeger, Ind., 125 N. E. 484.

51. Insurance Accident.-Where injury by one to another is not result of misconduct or provocation by injured person and is unforeseen by him, it is as to him an "accident" within an accident policy insuring him against bodily injuries effected through external, violent and accidental means.-General Accident, Fire & Life Assur. Corporation v. Hymer, Okla., 185 Pac. 1085.

52. Accident.-An insurance policy clause providing that, where the accidental injury causing the loss or the loss itself results from freezing by insured while not engaged in his occupation, the recovery shall be restricted to oneeighth the usual amount. is valid.-Continental Casualty Co. v. Hardenbergh, Miss., 83 So. 278.

of prohibition as may be required effectively to suppress the traffic in intoxicating liquors.Jacob Ruppert v. Caffey, U. S. S. C., 40 Sup. Ct. 141.

55. Joint Tenancy-Execution Sale.-The execution sale of the interest of one of two joint tenants severs the joint tenancy and leaves the purchaser at the execution sale and the other joint tenant as tenants in common.-Hilborn v. Soale, Cal., 185 Pac.. 982.

56. Landlord and Tenant-Month to Month.A tenancy for an indefinite term with monthly rentals reserved creates a tenancy from month to month.-Roberts v. Second Judicial Dist. Court in and for Washoe County, Department 2, Nev., 185 Pac. 1067.

57. Negligent Construction.-A person injured may maintain an action against both a lessee of property for the negligent use and against the lessor for the negligent construction of a fire escape forming a part of the building.— Marr v. Rowell, Cal., 185 Pac. 1000.

58.-Repairs.-The breach by the landlord of his contract to repair will not ordinarily entitle the lessee, his family, servants, or guests personally injured from a defect due to failure to repair, to recover indemnity for such injury, whether in contract or tort, since such damages are too remote.-Jordan v. Miller, N. C., 101 S. E. 550.

59. Libel and Slander-Special Damages.Where the words employed in alleged libelous article, taken in their most natural and obvious sense, are defamatory per se, the person as to whom they are published is entitled to recover without alleging and proving special damages, in view of Rev. Laws 1910, § 4959.-Bratcher v. Gernert, Okla., 185 Pac. 1081.

60. Marriage Annulment.-A marriage procured by fraud is voidable at the suit of the injured party, and courts having the jurisdiction of courts of equity, under their general powers to annul fraudulent contracts, have jurisdiction to annul a marriage on account of fraud.Christlieb v. Christlieb, Ind., 125 N. E. 486.

61. Master and Servant-Course of Employment.-Death of workman due to being struck by a hammer thrown by a fellow servant as the result of a disagreement held to have been caused by an accident arising out of and in the course of his employment.-Mueller v. Klingman, Ind., 125 N. E. 464.

62. Defective Appliance. In an ordinary action for injury from use of a defective tool, not governed by Workmen's Compensation Act and similar statutes, employe assumes risk of injury in using tool, if it is a common and familiar one in his vocation, and if he is aware of its defective condition, and master is not liable for damages for injury. Ernst v. Chicago, Great Western R. Co., Kan., 185 Pac. 1053.

63.

53. Strict Construction.-Ambiguous visions in an insurance policy providing for a forfeiture of assured's interest will be strictly construed against the insurer, and the rule applies to life policies as well as to accident, fire, and marine insurance.-Faris v. American Nat. Assur. Co., Cal., 185 Pac. 1035.

65.- -Safety of Employe.-A master is not an insurer of an employer's safety, and is only required to exercise such care as an ordinarily prudent man would exercise under like circumstances.-Midland Valley R. Co. v. Graney, Okla., 185 Pac. 1088.

66. Mechanic's Liens-Description of Property. Property described in mechanic's lien may be identified sufficiently by such a description of the building itself as will enable a person familiar with the locality to point it out as the only one corresponding with the description contained

in the lien.-Johnson v. Erickson, Mont., 185 Pac. 1116.

67. Mortgages-Discouraging Bidders. The purchasers at sale under deed of trust discouraging bidding and thereby obtaining the property for a less amount commit a wrong against the holder of the equity of redemption, the advantage of which equity will not permit them to retain.--Hurst Automatic Switch & Signal Co. v. Trust Co. of St. Louis, Mo.,,216 S. W. 954.. 68.

Municipal Corporations—Street Crossings. -A pedestrian, when approaching a street crossing, is not imperatively required to look both ways before stepping off the curb, but must exercise such reasonable care as the surroundings and circumstances require.-Benjamin v. McGraw, Mich., 175 N. W. 394.

69. Principal and Agent.-Persons who manage business activities undertaken by municipalities for profit or for the accommodation of their citizens are not public officers, but business agents.-Rockhill Iron & Coal Co. v. City of Taunton, U. S. D. C., 261 Fed. 234.

70. Revocation of License.-A municipality is not liable for damages sustained by reason of a wrongful revocation of a license or permit.Roerig v. Houghton, Minn., 175 N. W. 542.

71. Negligence-Imputability.-A son's negligence in driving a loaded wagon is imputable to the father, riding on the load.-Vinton v. Plainneld Tp., Mich., 175 N. W. 403.

72. Negligence per se.-Violation of a duty prescribed by statute or ordinance is negligence per se.-Lake Erie & W. R. Co. v. Douglas, Ind., 125 N. E. 474.

73. Patents-Laches. - A delay of four or five years after defendant's device was placed on the market held not such laches as barred a suit for infringement.-Aeolian Co. v. Schubert Piano Co., U. S. C. C. A., 261 Fed. 178.

74.-Non-User.-The validity of a patent is not affected by nonuser of the patented device, if it has utility, in the sense of being capable of successful mechanical operation. Reed V. Hughes Tool Co., U. S. C. C. A., 261 Fed. 192.

An

75. Principal and Agent Trustee. agent's duty is primarily to his principal, for whom he acts and to whom he must account; a trustee's duty is primarily to his cestui for whom he acts and to whom he must account, though his authority comes from another.-State ex rel. Kansas City Theological Seminary v. Ellison, Mo.. 216 S. W. 967.

76. Principal and Surety--Surety for Hire.Sureties not for hire are never held responsible beyond the clear and absolute terms and meanings of their undertakings, and presumptions of equity are never allowed to enlarge or in any degree change their legal obligations.-Crouch v. Parker, Ind., 125 N. E. 453.

77. Rape Intent.-In order to constitute assault with intent to ravish, the defendant must have intended at the time to use all the force necessary to overcome any resistance his victim might offer.-State v. Eslick. Mo., 216 S. W. 974. 78. Remainders - Alienation.-A remainder, whether vested or contingent, is alienable.McClure v. Baker, Mo., 216 S. W. 1018.

pur

79. Sales-Apparent Ownership.-If a chaser of chattels misrepresents his identity, passing under a false name, and induces a pretended sale to himself under the belief that such sale is to another, no title passes to him from the sellers which he can pass on to another, even an innocent purchaser, the sellers not suffering the loss on any ground that they conferred on the fraudulent buyer the apparent right of ownership.-Windle v. Citizens' Nat. Bank, Mo., 216 S. W. 1020.

80. Implied Warranty.-The implied warranty of quality of brick is not destroyed by acceptance of the brick by the purchaser.-Sharp v. Brookhaven Pressed Brick & Mfg. Co., Miss., 83 So. 274.

81.- -Place of Contract.-Where a person residing in one place makes a proposal to purchase property by letter to a person residing in another place, and such proposal is there accepted, the place of acceptance, and not the place of the proposal, is the place of the contractNettles v. Gulf Fertilizer Co., Fla., 83 So. 298.

82. -Reasonable Time.-Where no time for delivery is fixed, the seller must make delivery

within a reasonable time.-North Coast Lumber Co. v. Great Northern Lumber Co., Minn., 175 N. W. 547.

83. Retention of Title.-Where a sales contract provided the seller or his assigns should retain title until the purchase price was fully paid, with right to retake possession, etc., the seller's assignee had a right of property on the article sold upon default of purchase price payments which sustained a replevin action.-Burrier v. Cunningham Piano Co., Md., 108 Atl. 492. 84.-Waiver of Damages. Where the seller has breached contract as to time for delivery and the buyer offers to accept them and waive damages for previous delays on condition that goods be delivered on a specified day, such an offer of waiver is conditional waiver only and is not binding on buyer until condition has been complied with.-Bernhardt v. Federal Terra Cotta Co., Ga., 101 S. E. 588.

85. Specific Performance-Personal Services. -The provision of a contract requiring personal services by one of the parties cannot be specifically enforced.-Roller v. Weigle, D. C., 261 Fed. 250.

86. Trade-Marks and Trade-Names-Unfair Competition.-In determining the question of unfair competition in use of similar names, regard may be had to the fact that the commodity handled by the parties obtains no prestige from the name of the dealer or manufacturer.Thompson Lumber Co. v. Thompson Yards, Inc., Minn., 175 N. W. 550.

87. Trade Unions-Agency.-The officers and members of a labor union were bound by the acts of its business agent within the scope of his authority as such.-Clarkson v. Laiblan, Mo., 216 S. W. 1029.

88. Trusts-Resulting Trust.-The doctrine that a resulting trust arises when a transfer of realty is made to one person and the consideration therefor is paid by another does not arise where the parties concerned are parent and child.-Rossiter v. Shulz, Cal., 185 Pac. 997.

The

89. Vendor and Purchaser-Rescission. mutual rescission of an executory contract to purchase lands does not conclusively presume an obligation to return the purchase price paid, since a mutual rescission implies a contract between the parties, and there may be, as a part of such contract, a waiver of return of price paid as a consideration of being relieved from the other obligations of such executory land contract. Strang v. Person, Wash., 185 Pac. 944.

90. Waters and Water Courses-Franchise Contract.-Franchise contracts and contracts for the supply of water to a municipality in which the rates are fixed for the public service rendered are valid and binding between the parties. -In re Searsport Water Co., Me., 108 Atl. 452.

91. Mutual Drainage.-Natural creek being so located that the water from the drainage district in question naturally drains into it, there is what may be deemed an inherent right to drain into the creek, since in every natural water course there is an easement for the benefit of all land which naturally drains into it.Maben. Olson, Ia., 175 N. W. 512.

92. Wills-Probate.-Though title to land does not pass by will till will is probated, on probate thereof, however long after testator's death, there being no limitation for probate, the will relates back. and conveys title as of the date of testator's death, except as against intervening innocent purchasers.-Jones v. Nichols, Mo.. 216 S. W. 962.

93. Undue Influence.-While the exercise of undue influence may be shown by indirect evidence, such evidence must do more than raise a suspicion, and must amount to proof of circumstances inconsistent with the claim that the will was the spontaneous act of the alleged testator. In re Mauvais' Estate, Cal., 185 Pac. 987.

94. Witnesses-Cross-Examination. — A witness may be asked on cross-examination as to whether he has not pleaded guilty to different criminal charges, and this rule as to cross-examination for purposes of impeachment applies to an examination of a party who takes the stand on his own behalf, as well as to other witnesses, and it is not required that the record of conviction be introduced as the best evidence.Moberg v. Scott, S. D., 175 N. W. 559.