BOOK REVIEWS

COLLIER ON BANKRUPTCY

A general review of the Thirteenth Edition of this work appeared in the Journal of a recent date. We are now in receipt of the third volume, with a promise of the fourth volume about the first of the coming month.

The third volume is given over entirely to forms. First appear the sixty-three official forms promulgated by the United States Supreme Court. These are followed by four hundred and fifteen supplementary forms, the whole making the most complete collection of bankruptcy forms probably ever published.

Many of the forms are exhaustively annotated, and practically all of them have cross references to the particular sections of the bankruptcy act to which they are related.

Twenty-nine new forms relating to equity receiverships have been included, as there appears to be a growing practice in many parts of the country to use receivership proceedings as a substitute for bankruptcy, especially in the case of corporations.

This volume, so the publishers state, contains eighty-nine more forms than Hagar & Alexander's Bankruptcy Forms, the second edition of which was used as a basis for this volume.

Volume Three is indexed and is complete in itself, without reference to any of the other volumes.

COOK'S CASES ON EQUITY

We are in receipt of Cases on Equity, by Hon. Walter Wheeler Cook, Professor of Law, Yale University, and published by the West Publishing Company. This volume belongs to the American Case Book Series, and is the first of a three-volume case book on Equity by Professor Cook. The book contains 825 pages, and is bound in dark green buckram binding. It is divided into three principal parts, the first, an Historical Introduction, the second, entitled The Powers of Courts of Equity, and the third, treating of the Principles Governing the Exercise of Equitable Jurisdiction. The cases and other selections in this first volume are intended to offer material for an introductory course on equity. The purpose of such a course, it is stated, should be, first of all, to acquaint the student with the general position of equity in our legal system. It should, therefore, seek to give the student some idea of the

historical development of equity in England; something of its history in America; what the conditions were which gave rise to the "equity law" as a separate system from the common law; rather definite ideas of what part the separate court of equity played in the development system of Anglo-American jurisprudence, especially of the kinds of remedies which equity gave, and of how these differed from common-law remedies; some idea of what the relation between the two bodies of law really was; some idea of the results of the so-called "fusion of common law and equity" under modern codes and statutes, and rather definite information as to the scope and limitations of the powers of courts of equity. The book appears to meet this statement of its purpose.

It is planned to devote the second volume in large part to the specific performance of contracts; the third, chiefly to reformation, rescission, and restitution, at law and in equity.

BARNES' WEST VIRGINIA CODE

Barnes' West Virginia Code, Annotated, containing all statutes of a general nature in force at the time of the publication, with full and complete annotations from state and federal decisions, is just out. The work is edited by Uriah Barnes, member of the Charleston Bar, formerly Law Instructor in the West Virginia University, Editor of the West Virginia Code 1916, and Barnes' Federal Code. The publisher is the Federal Publishing Company, Charleston, West Virginia. The book contains over three thousand pages, printed on bible paper and is bound in black morocco. The price is twenty-five dollars. The statutes are printed in clear and readable type, larger than that in the code of 1916, with neat black-face section headlines and full citations of all prior statutes at the end of each section.

The editor needs no introduction. He has achieved a national reputation as an expert in the editing of statutes. Throughout the country his methods are being followed by other law authors. His 1916 handy edition of the state code sold to twice the number of copies of any previous compilation, and throughout the entire country was enthusiastically received as the most popular, attractive, convenient and serviceable book of statutes. It was an extremely desirable departure and innovation in the publication of laws. His complete Federal Code of 1919, embracing all the federal laws in one bible paper volume of three thousand pages, is now the standard and monumental work in its field, in America and

abroad. The many favorable reviews ranked it as "a masterpiece of compilation," and the American Law Review said, "it marks an epoch in the publication of statutes."

The volume is handy, convenient and attractive. The complete annotations, equal in scope to several larger text books, give the full judicial history of the statutes and clarify their meaning and construction. Considering the size of the book, the quality of the editorial work, as well as the mechanical features, the price is very reasonable. It presents all of the statutes and annotations in the most accessible form.

MANUAL OF SECURITIES LAWS

The Corporation Maintenance and Service Company, Chicago, Illinois, has just published a one-volume work entitled "Manual of Securities Laws of the United States." Mr. Leonard L. Cowan, of the Chicago Bar, is the author. This book contains complete the Blue Sky Laws of all the States arranged under standard headings and proper subheadings; a digest of all the reported decisions of the courts bearing directly or indirectly on such laws; a series of charts showing classes of securities embraced within such laws and those exempted; rulings of attorneys general and of the various departments, and a reproduction of forms used by the various departments.

Every State in the Union, with the exception of Delaware and Nevada, now have laws regulating the sale of securities in the State. This type of legislation began when Kansas enacted its first law in 1911. Since that time other States have followed its lead. In the twelve years which have elapsed since the first law of this character was enacted, there has been practically no attempt at uniform legislation. Each State passed such laws as it felt would meet its individual requirements with little regard to what its neighboring States were doing. These laws are still in the experimental stage, as is evidenced by the fact that most legislatures pass new laws or make radical changes in existing laws at each session. As a result of such conditions there are now forty-six States which have laws of this character, no two of which are identical and no two of which define securities alike or provide the same exemptions.

Heretofore, the lawyer and banker who was interested in the sale of securities in the several States had no volume to consult which would give him these laws in a form quickly accessible.

Perhaps the most valuable feature of the book for the lawyer is the digest of cases. At the present time there is no volume which con tains all of the reported cases bearing on the subject; in fact, the subject itself is so new that many digests do not properly index the cases which have appeared and the cases have been tucked away under such headings as Constitutional Law, Statutes, Commerce, Criminal Law, Bills and Notes. The author has attempted to include in this volume every reported case directly or indirectly involving the securities laws of every State. It is thought that he has performed a real service in making the statutes and decisions on this subject readily and quickly accessible.

BALDWIN'S VADE-MECUM

The Baldwin Law Publishing Company, Cleveland, have recently published a second edition of Baldwin's Law Students' VadeMecum. The first edition of this book was very popular, the entire edition of 5,000 copies having been exhausted. Mr. William Edward Baldwin (of the Cleveland bar) has performed a real service in compiling this work, which is practically indispensable as a law student's helper.

The second edition Las been considerably enlarged, and contains:

1. Law Dictionary.

2. Latin and French Legal Maxims Translated.

3. Uniform Commercial Laws in General Use. 4. Canons of Professional Ethics Adopted by The American Bar Association.

5. Table of Abbreviations of Reports and Selected Case Series Most Frequently Used.

The book is printed on bible paper and contains over 350 pages, and is bound in a beautifully embossed flexible cover with silk ribbon marker, stained edges and rounded corners. It is a very handsome and well-made volume. The price is $2.50 per copy.

A Bostonian, who each year visits a certain section of the "wild and wooly" West, inquired on one of his visits what had become of a wellknown character named Fargo Bill that he had often seen.

"Well," was the reply, "Bill's dead. Came to his end through contributory negligence." "Contributory negligence. Why, what do you

mean?"

"He showed down four aces and two of 'em was diamonds."-Inklings.

DIGEST.

Digest of Important Opinions of the State Courts of Last Resort and of the Federal Courts.

Copy of Opinion in any case referred to in this Digest may be procured by sending 25 cents to us or to the West Pub. Co., St. Paul, Minn.

Alabama

Arizona

Arkansas

California

Connecticut

Delaware

Georgia

Kansas

Maryland

Massachusetts

Minnesota

Missouri..

New York..

North Carolina

Oklahoma

Pennsylvania

Texas

U. S. C. C. A..

U. S. D. C.

U. S. S. C. Vermont

Washington Wisconsin

1.

Automobiles-Agency-Where husband was driving wife's automobile on a trip to the cemetery where his mother was buried and after the wife left the car to go to see her sister the husband proceeded without directions from her and digressed from their course to go to see his brother, held that such digression was not in any sense the business of the wife, nor was it done for her pleasure, so that the wife was not liable for injuries resulting to the rider of a motorcycle which collided with the car while being driven by the husband on such digression.-Pollock v. Watts, Md., 121 Atl. 238.

2. -Duty of Guest.-Where the road becomes dangerous, or the speed unlawful or excessive, it is the duty of a guest riding in an automobile to use ordinary care to protect himself from injury, and he should caution the driver of the danger, protest against it, and, unless delivered from it, he should quit the car, if that may be done with safety, or direct that the vehicle be stopped, and, when stopped, get out of it.-Clark v. Traver, N. Y.. 200 N. Y. S. 52.

3. Obstructions.-Where the only obstruction to an automobile driver's view was an automobile preceding him in the highway, St. 1921, § 1636-49, as to reducing speed where view is obstructed, was inapplicable, as it applies to either natural objects, fogs, dust, or other like conditions, and moving cars on the highway.-Sullivan v. Lutz; Wis., 194 N. W. 25.

not to

4.Passing Moving Car.-Where, because of traffic congestion, the automobiles in a space in the center of the street reserved for "fast-running vehicles" were traveling 3 to 5 miles per hour, a driver of an automobile traveling 10 miles an hour in the space reserved for "slow-moving vehicles," where any speed under 20 miles per hour was permitted, did hot, by passing to the right of automobiles in the fast-moving line. violate an ordinance providing that vehicles overtaking and passing others shall keep to the left.-People v. Harden, N. Y., 200 N. Y. S. 171.

5.- -Sudden Stop.-Though a signal to the rear is required when an automobile traveling on a street stops, except in emergency, in order to save life or limb. there is also an obligation on a driver following to have sufficient control of his automobile to be prepared for such sudden stops.-Sniffen v. Huschle, N. Y., 200 N. Y. S. 206.

bank

6. Bankruptcy - Commissions.- Where rupt's entire property, including mortgaged property, was taken over and sold by trustees, the mortgagee consenting, and the proceeds disbursed under orders of the referee, under Bankruptcy Act, § 40 (Comp. St. § 9624), the referee was entitled to commission on the entire amount, as were the trustees under section 48a; but the receivers, having never taken or had possession of any part of the mortgaged property, were not entitled to include its amount in computing their commissions. -In re Lowell Textile Co., U. S. D. C., 288 Fed. 989.

7. Contempt.-Proceeding against a bankrupt for contempt, held not instituted and tried as for criminal contempt and not to authorize a sentence to imprisonment for criminal contempt, where it was entitled and conducted throughout as a part of the bankruptcy proceeding, was instituted before a referee by petition of the trustee, and conducted by his counsel, who introduced and examined respondent as a witness, and also introduced his testimony on his general examination under Bankruptcy Act, §§ 7 (9), being Comp. St. § 9591), which expressly provides that such testimony shall not be offered against him in any criminal proceeding, and where the court adjudged respondent guilty of contempt solely on the evidence taken before the referee.-Wakefield U. S. C. C. A., 288 Fed. 712

v. Housel,

8.--Corporation Mortgage.-Where bankruptcy trustee attacks mortgage of creditor of bankrupt corporation on the ground that the mortgage was executed by the bankrupt at a time when its corporate powers were suspended under Comp. Laws Mich. 1915, 9028, for neglect or refusal to file annual report, the burden of proving such neglect or refusal is on the trustee, which burden is not sustained where the record shows two successive reports submitted by the corporation and returned for correction by the secretary of state, and the record suggests an inference that the failure to file annual report was due to mere lack of necessary knowledge of necessary details required for a legally sufficient report. In re Drugcraft Co., U. S. D. C., 288 Fed. 206.

9.- -Jurisdiction.-Under Bankruptcy Act, § 23b (Comp. St. § 9607), "consent of the proposed defendant" cannot give jurisdiction to a federal court of a suit by a trustee which, by reason of lack of diversity of citizenship or of amount involved, is not within the general jurisdiction of the federal courts.-Coyle v. Duncan Spangler Coal Co., U. S. D. C., 288 Fed. 897.

10.- -Preference.-To authorize an adjudication of bankruptcy, it must appear that the transfer alleged to constitute an act of bankruptcy was made with intent to prefer the creditor to whom it was given; a preference without such intent not being an act of bankruptcy.-Tropical Paint & Oil Co. v. Southeastern Farm Imp. Co., U. S. D. C., 288 Fed.

121.

11. Preference.-Where a creditor had secured a lien by attachment more than four months before bankruptcy, a voluntary settlement of the suit by the debtor within four months of his bankUnderruptcy was not a preference.-Gilman v. writers' Salvage Co., U. S. D. C., 288 Fed. 1004.

12.- -State Statute.-Where an attachment of property of bankrupt within four months is dissolved by the adjudication, but the property has been sold by the attaching officer pursuant to a state statute, he may be summarily required to turn over to the trustee so much of the proceeds as he holds subject to the attachment, and what funds are SO held is determined by the statute under which the sale was made.-In re Chebot, U. S. D. C., 288 Fed. 1006.

13.- -Subpoena of State Court.-When a bankrupt's books and papers are in the custody of the bankruptcy court, they cannot be taken therefrom by subpoena of a state court, except with the bankruptcy court's consent.-Dier v. Banton, U. S. S. C., 43 Sup. Ct. 533.

14. Title After Conditional Sale. Claimant purchased from bankrupt, a wholesale dealer, certain accounts receivable for goods sold, the contract and assignments made pursuant thereto,

providing that they should operate to transfer to purchaser title to goods so sold which should be returned, with the right in seller to resell the same, but only as purchaser's agent. Held, that under such contract, as between the parties, title to goods so returned was vested in the purchaser, though possession remained in bankrupt.-In re Rogers, U. S. D. C., 288 Fed. 140.

15. Banks and Banking-By-Laws.-In the absence of statutory authority, a bank could not impose restrictions upon the transfer of its stock by a by-law giving the bank a lien upon stock for debts to it of the stockholder.-Braden v. Sullivan County Bank, Mo., 251 S. W. 754. 16.

-Checks.-McNab-Grimsley

Company filed its petition, alleging that Fidelity Investment Corporation and E. H. Quo were indebted to it in the sum of $319, by reason of the following facts: That the said E. H. Quo and the Fidelity Investment Corporation operate a bank and have adopted the name of the Fidelity Savings Bank, and under this name issue checks and receive deposits and pay upon the checks when such cannot be avoided; that on May 9, 1922, H. J. Washington, a director of the Fidelity Investment Company, issued his check on the said Fidelity Savings Bank, payable to petitioner, in the sum of $319; that on presentation of the check for payment, it was not paid, and the defendant, through E. H. Quo, the executive head of the Fidelity Investment Corporation, made an entry thereon as follows: "60 days' notice required on this. Q."; that at the end of 60 days the check was again presented, and payment was refused, although the drawer of the check had sufficient funds on deposit to pay the same; that the entry "60 days' notice required on this. Q.,' was such an acceptance of the check as to bind Fidelity Investment Company, the corporation, and E. H. Quo to pay the check, and, upon a failure so to do, to render them liable for said sum to the plaintiff. A general demurrer to the petition was overruled, and the defendants excepted. Held, the court erred in overruling the general demurrer. Under the facts alleged, the plaintiff could not recover as prayed.-Fidelity Inv. Co. v. McNab-Grimsley Co., Ga., 117 S. E. 766.

17.

-Deposits.-One purchasing draft or bankers' check from state bank which became insolvent before payment of the draft was not a "depositor" entitled to protection of the depositors' guaranty fund under Rev. St. art. 486.-Kidder v. Hall, Tex., 251 S. W. 497.

18. Directors.-A provision in the by-laws of a savings and loan association organized under Banking Law, art. 10, that nominations for directors should take place at least 10 days before the annual meeting, in the absence of an affirmative provision that no one shall be eligible for election unless SO nominated. is directory only, and not mandatory, and hence persons who were not nominated in accordance therewith, and who received a larger number of votes than those thus nominated, were entitled to the office.-In re Farrell, N. Y., 200 N. Y. S. 95.

19. Notes.-Where one borrowing money on a note from a bank conveyed certain corporate stock of another bank to the cashier of the bank from which he was borrowing as security for the loan, such cashier having agreed upon payment of the loan to reconvey, or upon default to convey to the bank, held that the cashier in thus holding the stock and receiving dividends declared and applying them on the indebtedness to the bank was acting as an agent for the bank and not the borrower, so that the bank in an action by creditors of the bank issuing the stock was liable for dividends that had been improperly declared and received by it.-Ballard v. Saratoga Nat. Bank, N. Y., 139 N. E. 762.

20. -Officer.-The actuary of a trust company, who, under its by-laws, was secretary of the board of directors and acted for the president in the latter's absence, and who had special charge of the deposit and trust departments of the company, and of its assets and property and papers and documents, and was charged with the duty of keeping its books, was an officer of the trust company, whose knowledge and information as to in

solvency of a depositor was imputable to the company. Walsh v. Lowell Trust Co., Mass., 139 N. E. 789.

21.

-Ultra Vires Contracts.-A bank cannot be held upon its contract of guaranty of a land contract, this being ultra vires, nor upon the false representations of one of its officers that such an ultra vires contract had been executed by it.Tucker v. Hibernia Bank & Trust Co., Mo., 251 S. W. 406.

22. Bills and Notes-Maker.-In an action on a promissory note, where the defense was a plea of non est factum, held that under such plea insanity of the maker at the time of signing could be proved. Bank of Kennedy v. Dorroh, Ala., 96 So. 611.

23.-Mortgages.-A bank held a first mortgage on wheat stored in an elevator, on which a grain company held a second mortgage. To pay for the wheat the company's agent drew a draft on the company in favor of the owner of the grain and the bank. The bank bought the draft and gave the grain owner credit therefor. Held, in an action on the draft by the bank against the grain company, that the bank, although a payee, was a holder of the draft in due course, and, being without notice of the grain company's mortgage, the amount of the second mortgage could not be deducted from the draft.-State Bank of Connell v. Pacific Grain Co., Wash., 215 Pac. 350.

24.

-Title.-The allegation in the petition that the plaintiff is the bona fide purchaser and holder of the notes sued on does not show legal title to the notes in the plaintiff, the record disclosing that they are payable to a named payee or order, without indorsement or assignment in writing thereof. -Allen v. Commercial Credit Co., Ga., 117 S. E. 650.

25. Carriers of Goods-Draft Attached to Bill of Lading. Where draft with bills of lading attached to "shipper's order notify" bore on its face the printed words, "Attached documents to be surrendered only on payment of draft." defendant bank was required to take notice that authority to surrender the bills of lading before payment of the draft was expressly withheld, notwithstanding prior transactions, in which plaintiff bank had permitted the bills of lading to be delivered prior to the payment of the drafts.-Hibernia Bank & Trust Co. v. Bank of Topeka, U. S. C. C. A., 288 Fed. 41. 26. Liability Exemptions.-A carrier cannot exempt itself from liability on account of negligence, and a contract exempting a carrier from liability for loss by reason of a violation of the socalled 36-hour law is void.-Johnson v. Wabash Ry. Co., Mo., 251 S. W. 719.

27.

-Rates.-Within Transportation Act of 1920, § 208, providing that all rates which on February 29, 1920, are "in effect" shall continue till changed. etc., the Interstate Commerce Commission, having during the period of federal control sustained a complaint of an intrastate rate, and fixed a 25 cents per ton rate, such 25-cent rate was the one "in effect" when federal control ended; so that a finding by the state commission that 25 cents was the fair rate after March 1, 1920, did not reduce a rate, but enforced the corrected rate.Lehigh & N. E. R. Co. v. Public Service Commis. sion, Pa., 121 Atl. 205.

28. Rebate Contracts.-Though a contract for rebates of freight rates was lawful when executed. Congress, by subsequent legislation could make it illegal.-State Line & S. R. Co. v. Lehigh Valley R. Co., Pa., 120 Atl. 829.

29. Tariff.-Where tariff schedules filed by a carrier as reissues were effective retroactively is immaterial, where such schedules had been on file for the time required by the order of the Interstate Commerce Commission, before the shipments on which the carrier seeks to impose such tariff were made.-Mobile & O. R. Co. v. Southern Saw Mill Co., Mo., 251 S. W. 434.

30. Carriers of Passengers-Degree of Care.Where a carrier accepts as a passenger a person known to be affected by either physical or mental disability, such as intoxication, whereby the hazards of travel are increased, it must exercise a

greater degree of care for the safety of such passenger than is ordinarily required.-Jameitis v. Wilkes-Barre Ry. Co., Pa., 121 Atl. 317.

31. Commerce-Carriers' Service.-Under Interstate Commerce Act, § 15 (8), as amended (Comp. St. § 8583), authorizing the Commission to determine a reasonable charge to be paid by a carrier for services rendered by the shipper, the determination of what is a reasonable allowance to a shipper, who was required to haul his goods to the express company's office after the express company failed to call for them and pick them up, as it was required to do under its tariffs on file, is a question which must be first submitted to the Commission, since to permit the shipper and the carrier to agree on the amount paid for such services would open the door to rebating, and the court will not require the carrier to do what it cannot voluntarily do.-Fulton Bag & Cotton Mills v. American Ry. Express Co., U. S. D. C., 288 Fed. 854.

32. Contracts-Fraud.-A suit to rescind an executed contract on the ground of fraud is not necessarily defeated by the fact that plaintiff had parted with a portion of the property received before discovery of the fraud. In some cases the requirements of justice may be satisfied by requiring compensation for the property disposed of and the return of the property retained.-Harnden v. Hadfield, Kan., 215 Pac. 441.

33. Subsequent Agreements.-Where a motor company had contracted in writing with a sales agency for delivery of certain automobiles, a subsequent oral agreement between the general sales agent of the company and the agency, whereby the company modified the original contracts and bound itself to deliver the particular automobiles specified in the shipping orders at the time therein stated, bound the company and was not invalid as a mere nudum pactum, the company obligating itself to sell, and the agency not only to buy at the prices fixed by the company, but to continue as agents for the sale of the automobiles, to rent a garage and employ mechanics and salesmen, advertise the company's products, and to do what was necessary for the mutual advantage of the contracting parties.-Erskine v. Chevrolet Motors Co., N. C., 117 S. E. 706.

34. Constitutional Law-Hours of Work.-An ordinance of the city of St. Paul providing that eight hours shall constitute a day's work on any work done for the city of St. Paul is not in contravention with the Constitution of the United States or of the state of Minnesota.-City of St. Paul v. Fielding & Shepley, Minn., 194 N. W. 18.

35. Corporations-Defendants Joined.-Where a case is stated of intentional disparagement of the plaintiff's business by false and misleading statements published by a newspaper corporation, the individual defendants who control the paper and who participated in the publication are responsible as well as the corporation.-Lawrence Trust Co. v. Sun-American Pub. Co., Mass., 139 N. E. 655.

36. Directors.-Where a director, denied having voted in the affirmative on a certain resolution, the fact that he did not vote in the negative justified the presiding officer's declaration that the vote in favor of the resolution was unanimous, especially as the non-voting director did not at the time dispute the declaration.-Herring-Curtiss Co. v. Curtiss, N. Y., 200 N. Y. S. 7.

37.-Filing Returns.-Failure of a corporation doing business under an assumed name to file the returns and pay the fee required by G. L. 5739. 5740, 5743, 5751, as conditions precedent to the institution of proceedings for the enforcement of any right or obligation, would not preclude recovery on rights and obligations arising while it was doing business in its own name.-Corner Garage v. Pullen, Vt., 120 Atl. 863.

38. Mortgages.-Code 1907, § 3481, subd. 3, providing that real property of a corporation shall not be mortgaged except by consent of persons holding the larger amount of stock present and voting in person or by proxy at the meeting of stockholders called for that purpose, was enacted for the bene

fit of stockholders only, and a corporation suing to cancel a mortgage duly executed by its authorized officials, being the only complainant, cannot invoke the statute.-Tallassee Oil & Fertilizer Co. v. Royal, Ala., 96 So. 620.

39. Right to Sue.-If stockholders are damaged collectively or as a class by mismanagement or wrongful use of corporate assets by the officers, the primary injury is to the corporation, and the right of action therefor is in the corporation, and not the stockholders; but, if the corporation refuses to sue, one or more stockholders may, on compliance with equity rule 27 (198 Fed. xxv, 115 C. C. A. xxv), bring suit in equity, on behalf of themselves and such other stockholders as may come in, against the corporation and the guilty persons. Myers v. Occidental Oil Corporation, U. S. D. C., 288 Fed. 997.

40. Covenants Restrictions.-Reading together the sections of building restrictions, one that the entire tract shall be used for "residence and dwelling purposes" only, another that but "one dwelling" shall be erected on each lot. another that every "dwelling house" shall be located on a lot within certain limits, another that no bay window shall project more than three feet beyond the line provided for a "house," and another that each "dwelling" shall be not less than two stories high and cost at least a certain amount, the quoted words mean the same thing, and do not exclude a two-family apartment house.-Bennett v. Petrino, N. Y., 139 N. E. 578.

41. Restrictions.-Where a realty and development company executed a "declaration of trust and agreement" whereby certain portions of the land were to be restricted to use for residence purposes. the agreement providing that it should not apply to a certain block on which were situated a printery and office buildings of a magazine, held that it was not intended to prohibit erection and maintenance in such block of other office buildings, nor to prohibit a storage and packing company from using one of the buildings as a warehouse.-Charlot v. Regents Mercantile Corporation, Mo., 251 S. W. 421.

43.

Explosives-Storage.-Where a city, in constructing a sewer, is using explosives, such as dynamite and caps, leaves such explosives in an unlocked tool box in one of the public streets near the playgrounds of one of the city's schools, where from 100 to 200 small children play while attending school and a boy 8 years of age takes from the box a number of the dynamite caps and distributes them among the school children, and a child 11 years of age receives one of the caps and takes it to his home, where he explodes it with a match, which explosion inflicts serious injury to such child, the city will be held liable for the damages. -City of Tulsa v. McIntosh, Okla., 215 Pac. 624.

44. Fixtures Machinery.-Where a company leasing a rock quarry has knowledge that certain machinery purchased by its lessee is to be installed on the land, and that the seller retains title thereto until payment of the purchase price, lessor may not assert that the seller has no right to remove the property from the land.-Thos. Cox & Sons Machinery Co. v. Blue Trap Rock Co., Ark., 251 S. W. 699.

45. Frauds, Statute of-Oil Stocks.-Oil stocks of whatever character, which are transferable on the books of the corporation issuing them, are not interests in land nor are contracts for their repurchase governed by the statute of frauds.-Woodard v. Timms, Kan., 215 Pac. 456.

46.- -Original Contract.-An oral contract to pay a doctor for his services to be performed in the treatment of another is not a collateral, but an original undertaking, and is therefore not within the statute.-Douglas v. Brandt, Conn., 121 Atl. 179.