For statutes relating to particular subjects, see the various specific topics. Laws impairing obligation of contracts, see Constitutional Law, § 130. Statute of frauds, see Frauds, Statute of. Statute of limitations, see Limitation of Actions, §§ 2-28. (A) GENERAL RULES OF CONSTRUCTION. Statute relating to assessment of omitted property, see Taxation, § 3624. $181. The legislative intent should be sought when the meaning of a statute is doubtful, and a construction consonant with common sense and reason should be adopted.-E. R. Darlington Lumber Co. v. Missouri Pac. Ry. Co. (Mo.) 530. $ 185. The grant of a specific power or the imposition of a definite duty by a statute confers by implication authority to do whatever is necessary to execute the power or perform the duty.-Brown v. Clark (Tex.) 360. § 188. Where the language of a statute is unambiguous, it is not subject to interpretation nor construction, but must be accepted and enforced as it is written.-Commonwealth v. Glover (Ky.) 769. § 190. Where a statute is clear and unambiguous, there is no room for judicial construction.-Blanks v. Missouri, K. & T. Ry. Co. of Texas (Tex. Civ. App.) 377. § 219. Official interpretation of administrative statutes is entitled to weight on a judicial construction.-Ewing y. Vernon County (Mo.) 518. § 224. Where the meaning of a statute becomes doubtful from the provisions of cognate statutes, such statutes must be construed with it.-E. R. Darlington Lumber Co. v. Missouri Pac. Ry. Co. (Mo.) 530. $227. When a statute relates to matters of convenience rather than of substance, or its provisions are only for the purpose of requiring orderly procedure, they may generally be regard ed as merely directory.-Ferris Press Brick Co. v. Hawkins (Tex. Civ. App.) 80. § 236. Where the statute gives a right or provides a remedy, the manner provided in the statII. GENERAL AND SPECIAL OR LO- ute whereby the right may be acquired must be strictly followed.-Commonwealth (Ky.) 769. CAL LAWS. $85. Acts 30th Leg. (Laws 1907, p. 269, c. 139), providing a jury system for all counties having towns of a certain population, held a general law within Const. art. 3, § 56.-Northern Texas Traction Co. v. Danforth (Tex. Civ. App.) 147. V. Glover (D) RETROACTIVE OPERATION. § 276. If a statute giving a special remedy is repealed without a saving clause in favor of pending suits, all suits must stop where the repeal finds them.-Stewart v. Lattner (Tex. Civ. App.) 860. VII. PLEADING AND EVIDENCE. Statutes relating to usury, see Usury, § 136. III. SUBJECTS AND TITLES OF ACTS. § 109. Under Const. § 51, requiring the subject-matter of an act to conform to the title, For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (§) NUMBER the eyes had been sore, so stated to the buyer.- | IV. PERFORMANCE OF CONTRACT. Grojean v. Darby (Mo. App.) 1062. III. MODIFICATION OR RESCISSION (A) BY AGREEMENT OF PARTIES. (B) RESCISSION BY SELLER. $96. A contract for sale of lumber construed. -Holladay-Klotz Land & Lumber Co. v. Beekman Lumber Co. (Mo. App.) 436. § 96. Where a seller expressly refused to warrant, the buyer could not rescind in the absence of fraud.-Grojean v. Darby (Mo. App.) 1062. (C) RESCISSION BY BUYER. (C) DELIVERY AND ACCEPTANCE OF GOODS. 8174. A seller of goods to be delivered before a designated date held not entitled to justify a refusal to carry out the contract on the ground that the payment for goods delivered was not made in legal tender.-Stahr v. Hickman Grain Co. (Ky.) 784. § 179. A buyer, receiving goods in discharge of the contract after inspecting them or having opportunity to do so, held not entitled to sue for defects in the goods delivered.-O. L. Gregory Vinegar Co. v. J. Weller Co. (Ky.) 247. $179. A buyer of vinegar of a specified grain strength held, because of delay, not entitled to sue for damages because the vinegar did not comply with the contract.-O. L. Gregory Vinegar Co. v. J. Weller Co. (Ky.) 247. V. OPERATION AND EFFECT. $114. Under facts stated, buyers of a piano (C) RIGHTS AND LIABILITIES OF BUY held entitled to rescind.-Jesse French Piano & Organ Co. v. Garza & Co. (Tex. Civ. App.) 150. § 119. Where there is an agreement that the vendee need not keep the article purchased if not such as was stipulated for, it may be returned.-Jesse French Piano & Organ Co. v. Costley (Tex. Civ. App.) 135. $ 120. In the absence of fraud or of an express contract to take back an article sold with a warranty, the vendee cannot return the article, and recover the price.-Jesse French Piano & Organ Co. v. Garza & Co. (Tex. Civ. App.) 150. § 130. In an action for the rescission of a sale of mules, an instruction held not objectionable as relieving defendant from the duty to reveal material facts within his knowledge relating to the soreness of the eyes of one of the mules. Grojean v. Darby (Mo. App.) 1062. § 130. In a suit to rescind a sale of certain mules, an instruction given for plaintiff making defendant liable for failing to reveal a disease in one of the mule's eyes held erroneous.-Grojean v. Darby (Mo. App.) 1062. § 130. Under district and county courts rule 17 (67 S. W. xxi), a complaint by the buyers of an automatic piano to rescind the contract held good against a general demurrer.-Jesse French Piano & Organ Co. v. Garza & Co. (Tex. Civ. App.) 150. § 130. Buyers of a piano suing to rescind for breach of a warranty made by the seller's agents could not show that the agents_customarily warranted pianos sold by them.-Jesse French Piano & Organ Co. v. Garza & Co. (Tex. Civ. App.) 150. § 130. In a suit by the buyers of a piano to rescind for breach of warranty, the seller held not entitled to complain of an instruction fixing the measure of recovery.-Jesse French Piano & Organ Co. v. Garza & Co. (Tex. Civ. App.) 150. § 130. In a suit by buyers of a piano to rescind for misrepresentations, it was unnecessary to allege that the representations were fraudulently made, where the matter averred showed at least constructive fraud.-Jesse French Piano & Organ Co. v. Garza & Co. (Tex. Civ. App.) 150. § 130. Instruction in a suit to rescind a contract for the sale of a piano held erroneous, as authorizing recovery regardless of the buyers' reliance on representations, and regardless of whether it was properly used.-Jesse French Piano & Organ Co. v. Garza & Co. (Tex. Civ. App.) 150. ER AS TO THIRD PERSONS. § 232. The owner of ties held entitled to recover the value of ties taken away by another, less the amount which the latter paid on a check given by the owner for the ties.-W. II. White & Sons v. Ayer & Lord Tie Co. (Ky.) 349; Same v. Peyton, Id. VI. WARRANTIES. § 267. Where defendant refused to warrant the mules sold to plaintiff, he was not liable for what he might have known concerning them if he did not know, or, knowing, misstate.Grojean v. Darby (Mo. App.) 1062. $287. One giving a note for the price of an interest in a horse held entitled on discovery of a breach of the warranty to offer to retura his interest, and thereby relieve himself from liability on the note.-J. Crouch & Sons v. Morgan (Mo. App.) 475. VII. REMEDIES OF SELLER. (E) ACTIONS FOR PRICE OR VALUE. $340. Where the seller sued for the contract price, under an executory contract of sale. which the buyer had canceled before the goods had been shipped, without the right to do so under the contract, there could be no recovery by the seller.-Frederick v. Willoughby (Mo. App.) 1109. $ 344. Where lumber was sold to be measured according to certain rules, but the parties disagreed as to the classification of certain lumtion, the seller could recover the value of such ber which they laid aside for further consideralumber afterward hauled away by the buyer. -Federal Lumber Co. v. Reece (Ky.) 783. § 354. In an action for the price of lumber sold under a contract which plaintiff had repu diated, a counterclaim seeking damages for plaintiff's failure to perform held not defective because failing to allege defendant's willingness and readiness to perform its part of the contract.-Holladay-Klotz Land & Lumber Co. v. Beekman Lumber Co. (Mo. App.) 436. $ 359. In an action for the price of goods sold, evidence held not to show that the buyer, counterclaiming for damages for failure to deliver promptly, sustained any greater damages than awarded.-O. L. Gregory Vinegar Co. v. J. Weller Co. (Ky.) 247. $364. In an action to recover a balance due for ties delivered under a contract of sale, instructions held to properly present the issues made by the pleadings and proof.-Ohio Valley Tie Co. v. Harvey's Adm'r (Ky.) 278. (F) ACTIONS FOR DAMAGES. § 384. Where there was a breach by the buyer of an executory contract for sale of a refrigerator, which was of a standard pattern and an article of merchandise on the market, the measure of the seller's damages for the breach would be the difference between the market value and the contract price.-Frederick v. Willoughby (Mo. App.) 1109. § 384. Where the buyer stops performance by the seller of an executory contract of sale, the measure of the seller's damages is the money expended, and value of the labor bestowed in part performance, plus the profit that would have accrued on full performance. Frederick v. Willoughby (Mo. App.) 1109. § 384. One party to an executory contract of sale may always stop the performance of the contract whenever he deems it to his interest to do so, subject to the obligation to pay the other full compensation for any loss, and the other party cannot proceed thereafter with the performance in order to enhance the damages to be paid.-Frederick v. Willoughby (Mo. App.) 1109. VIII. REMEDIES OF BUYER. (C) ACTIONS FOR BREACH OF CONTRACT. II. PUBLIC SCHOOLS. (B) CREATION, ALTERATION, EXIST- Law providing for appointment of arbitrators in § 22. A statute regulating the public school system, and providing, in Rev. St. 1899, § 9742 organization of school districts and the forma(Ann. St. 1906, p. 4463), the procedure for the tion of new districts and consolidation of districts, will be liberally construed.-State ex rel. School Dist. No. 1 v. Andrae (Mo.) 561. § 39. Under Rev. St. 1899, § 9742 (Ann. St. 1906, p. 4463), a petition of appeal to bring up the question of the consolidation of school districts held sufficient.-State ex rel. School Dist. No. 1 v. Andrae (Mo.) 561. $39. Under Rev. St. 1899, § 9742 (Ann. St. commissioner did not show that a petition of 1906, p. 4463), that the records of a county appeal on the question of the consolidation of school districts was filed within five days heid not to affect the proceedings taken under the petition.-State ex rel. School Dist. No. 1 v. Andrae (Mo.) 561. § 40. An order of the county superintendent of schools held to change the boundary between two districts so as to transfer a particular farm and the tenants thereon to a particular district. § 418. Where a seller who had the right to make a delivery at any time up to a designated date failed to deliver, the market price on the designated date must be taken into considera--Farmer v. Pace (Ky.) 324. tion in determining the damages.-Stahr v. Hickman Grain Co. (Ky.) 784. § 418. A buyer of goods basing his claim to damages for the seller's failure to deliver on profits he could have made held required to go into the market and buy as much goods as possible, and thereby minimize the damages.-Stahr v. Hickman Grain Co. (Ky.) 784. § 421. In an action for breach of contract, an instruction using a certain word in place of another word in the contract held not erroneous.-Stahr v. Hickman Grain Co. (Ky.) 784. (D) ACTIONS AND COUNTERCLAIMS FOR BREACH OF WARRANTY. (C) GOVERNMENT, OFFICERS, AND DISTRICT MEETINGS. Change of compensation of county superintendent during term of office, see Officers, § 100. Change of county superintendent's salary, action against county for deficiency, see Counties, $ 75. Grant of right of self-government to school board and officers as delegation of legislative power, see Constitutional Law, § 63. (E) DISTRICT DEBT, SECURITIES, AND TAXATION. § 110. Under Const. § 186, and St. 1909, &$ 4375, 4376, 4480, held, that a graded common school district was entitled to its proportion § 441. Evidence, in an action by the buyer of the school funds for 1906-07 when it deof oats for breach of contract as to quality, heldmanded them in the latter part of the school insufficient to show a difference of 14 cents per bushel in the value of the oats delivered and the price.-Browne v. Allen (Tex. Civ. App.) 133. § 442. The buyer's measure of damages for the delivery of an inferior quality of oats is the difference in the value of the oats delivered and the price paid.-Browne v. Allen (Tex. Civ. App.) 133. § 446. In an action by the seller of a horse against two of numerous buyers of shares therein, a requested instruction cutting out the defense of breach of warranty, unless defendants returned the horse, held properly refused.J. Crouch & Sons v. Morgan (Mo. App.) 475. year of 1908, though no school was taught therein for the year 1906-7 or the first part of the school year of 1908.-Crabbe v. Board of Trustees of Graded Common School Dist. No. 24, Webster County (Ky.) 706. by a graded common school district cannot be § 110. School taxes received from the state used to purchase a lot or erect or furnish a school building, but must be used solely for educational purposes.-Crabbe v. Board of Trustees of Graded Common School Dist. No. 24, Webster County (Ky.) 706. (G) TEACHERS. § 131. A meeting of school directors at which they made a contract with a school teacher held to be a special meeting within the terms of Ann. St. 1906, § 9766.-Hibbard v. Smith (Mo. App.) 487. $ 135. Under Ann. St. 1906, §§ 9766, 9796, a teacher's certificate held sufficient.-Hibbard v. Smith (Mo. App.) 487. $ 135. Under Ann. St. 1906, § 9766, that a teacher did not file her certificate until after SCHOOLS AND SCHOOL DISTRICTS. the contract of employment was attested, held Public school lands, see Public Lands, § 173. not to affect the validity of the contract.-Hibbard v. Smith (Mo. App.) 487. 400 1899, p. 111, ch. 74.. 1139 5941907, p. 269, ch. 139. 1907, p. 277, ch. 143. 1907, p. 308, ch. 165. 1907, p. 509, ch. 24. 35, 80, 115, 393, 624 1907, p. 510, ch. 24, § 5.. 638 WEST VIRGINIA. 1836, p. 156, ch. 139, § 40 1887, pp. 133, 134, ch. 139. Amended by Laws 1899, pp. 166, 167, ch. 95.... 648 1907, p. 219, ch. 118, § 1 582 CODE SUPPLEMENT 1997. STENOGRAPHERS. 738 Incorporation of report of in statement of facts, ages resulting from a forfeiture of the franchise, see Appeal and Error, § 561. Of court, see Courts, § 57. STIFLING COMPETITION. Ground for forfeiture of corporate franchise, see Corporations, § 592. STOCKHOLDERS. Of corporations, see Corporations, §§ 218, 227. STOLEN GOODS. See Receiving Stolen Goods. STORAGE. See Warehousemen. STREET RAILROADS. See Railroads. Carriage of passengers, see Carriers. I. ESTABLISHMENT, CONSTRUCTION, AND MAINTENANCE. § 35. Evidence held insufficient to show that the grantees of a franchise to construct a street railroad commenced work within the time required by the ordinance granting the franchise. Spencer v. City of Palestine (Tex. Civ. App.) 857. § 38. A street railway company, laying its rails in a street, held required, at common law and under the ordinance granting a franchise, to keep the track and street in good repair.Citizens' Ry. & Light Co. v. Johns (Tex. Civ. App.) 62. § 48. A street railway company, purchasing the property and franchise of another company, held to assume, not only the common-law obligation, but the contractual obligation, created by the franchise to the selling company, of keeping the tracks in repair so long as they are permitted to remain in the streets.-Citizens' Ry. & Light Co. v. Johns (Tex. Civ. App.) 62. § 54. Where a street railroad company's property was mortgaged for much more than its value at the time plaintiff recovered a judgment against the company, and such property was sold to pay the mortgage so far as possible, the judgment was not enforceable against the purchaser under Const. § 203.-Russell's Adm'r v. Frankfort & Suburban Ry. Co. (Ky.) 289; Brawner's Adm'r v. Frankfort & Versailles Traction Co., Id. § 61. In an action against a city by grantees of a franchise to build a street railway for damcertain evidence held inadmissible.-Spencer v. City of Palestine (Tex. Civ. App.) 857. II. REGULATION AND OPERATION. § 86. A street railway company, purchasing the property and franchise of another company, held bound to exercise ordinary care to keep a street on which a track was laid in condition for travel.-Citizens' Ry. & Light Co. v. Johns (Tex. Civ. App.) 62. § 86. A street railway company, purchasing the property of another company and its franchise to build and operate a street railroad, held required to use ordinary care to keep the tracks constructed by the selling company in a reasonably safe condition for public travel.Citizens' Ry. & Light Co. v. Johns (Tex. Civ. App.) 62. $99. Contributory negligence of a husband, driving with his wife over a street on which a street car track was so laid as to protrude above the surface of the street, will preclude recovery by him for injuries to his wife.-Citizens' Ry. & Light Co. v. Johns (Tex. Civ. App.) 62. struck by a street car, a fact held evidentiary § 111. In an action for injuries to pedestrian only, and provable, though not pleaded.-Reynolds v. Metropolitan St. Ry. Co. (Mo. App.) 1135. § 113. Where all the evidence showed that the condition of a switch in a street car track remained unchanged for a long time after an accident, a witness, who had examined the switch about four hours after the accident, might testify as to its condition.-Reynolds v. Metropolitan St. Ry. Co. (Mo. App.) 1135. § 114. In an action for injuries to a pedestrian struck by a street car because of its failure to take the right track at a switch, evidence held to justify a finding of actionable negligence.-Reynolds v. Metropolitan St. Ry. Co. (Mo. App.) 1135. § 117. A pedestrian, injured at a street crossing by a street car failing to take the right track at a switch, held not guilty of contributory negligence as a matter of law.-Reynolds v. Metropolitan St. Ry. Co. (Mo. App.) 1135. § 118. In an action against a street railway company for injuries to a traveler on a street. an instruction as to the duty of the company to keep the street in safe condition held not erroneous, in the absence of a requested instruction.-Citizens' Ry. & Light Co. v. Johns (Tex. Civ. App.) 62. STREETS. § 61. Where municipal ordinances granting franchises for the construction of an electric See Highways; Municipal Corporations, §§ 669, light plant and a street railway contained no provisions for forfeiture, and were accepted, the rights could only be declared forfeited in a suit brought for that purpose.-Spencer v. City of Palestine (Tex. Civ. App.) 857. 762-822. SUBROGATION. § 7. A wife, whose property was used to pay a debt of her husband for which she was For statutes relating to particular subjects, see the various specific topics. Laws impairing obligation of contracts, see Constitutional Law, § 130. Statute of frauds, see Frauds, Statute of. Statute of limitations, see Limitation of Actions, §§ 2-28. (A) GENERAL RULES OF CONSTRUCTION. Statute relating to assessment of omitted property, see Taxation, § 3624. § 181. The legislative intent should be sought when the meaning of a statute is doubtful, and a construction consonant with common sense and reason should be adopted.-E. R. Darlington Lumber Co. v. Missouri Pac. Ry. Co. (Mo.) 530. $ 185. The grant of a specific power or the imposition of a definite duty by a statute confers by implication authority to do whatever is necessary to execute the power or perform the duty.-Brown v. Clark (Tex.) 360. § 188. Where the language of a statute is unambiguous, it is not subject to interpretation nor construction, but must be accepted and enforced as it is written.-Commonwealth v. Glover (Ky.) 769. $ 190. Where a statute is clear and unambiguous, there is no room for judicial construction.-Blanks v. Missouri, K. & T. Ry. Co. of Texas (Tex. Civ. App.) 377. § 219. Official interpretation of administrative statutes is entitled to weight on a judicial construction.-Ewing y. Vernon County (Mo.) 518. § 224. Where the meaning of a statute becomes doubtful from the provisions of cognate statutes, such statutes must be construed with it.-E. R. Darlington Lumber Co. v. Missouri Pac. Ry. Co. (Mo.) 530. $227. When a statute relates to matters of convenience rather than of substance, or its provisions are only for the purpose of requiring orderly procedure, they may generally be regarded as merely directory.-Ferris Press Brick Co. v. Hawkins (Tex. Civ. App.) 80. (B) PARTICULAR CLASSES OF STAT UTES. § 236. Where the statute gives a right or provides a remedy, the manner provided in the statII. GENERAL AND SPECIAL OR LO- ute whereby the right may be acquired must be strictly followed.-Commonwealth (Ky.) 769. CAL LAWS. $ 85. Acts 30th Leg. (Laws 1907, p. 269, c. 139), providing a jury system for all counties having towns of a certain population, held a general law within Const. art. 3, § 56.-Northern Texas Traction Co. v. Danforth (Tex. Civ. App.) 147. V. Glover (D) RETROACTIVE OPERATION. § 276. If a statute giving a special remedy is repealed without a saving clause in favor of pending suits, all suits must stop where the repeal finds them.-Stewart v. Lattner (Tex. Civ. App.) 860. VII. PLEADING AND EVIDENCE. Statutes relating to usury, see Usury, § 136. III. SUBJECTS AND TITLES OF ACTS. § 109. Under Const. § 51, requiring the subject-matter of an act to conform to the title, For cases in Dec. Dig. & Amer. Digs. 1907 to date & Indexes see same topic & section (§) NUMBER |