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Rule that when terms of agreement
have been intended in a different
sense, that sense is to prevail, against
either party, in which he had reason
to suppose the other party understood
it (Case Note)
Agreement of vendee of real property to
divide proceeds of resale with vendor,
as affected by statute of frauds (Case
Note)
May statute of frauds relating to sales
of real property be satisfied by a
memorandum which discloses that one
of the parties acted for an undis-
closed principal (Case Note)
Statute of limitations applicable to ac-
tion to enforce an implied promise
arising from acceptance of devise
chargeable with payment of legacy
(Case Note)

Effect of partial performance of con-
tract to obviate lack of mutuality
(Case Note)
Responsibility of contractor, under con-
tract for performance of entire work
for gross sum, for defective condition
of portion of completed work, due to
interference or directions of other
party (Case Note)

Conversion.

1140

1137

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Validity of statute imposing special tax
on transfer of corporate stock (Case
Note)

314

Measure of damages for fraudulent rep-
resentations in the sale or exchange
of real estate (Case Note)
Damages incident to attempt to reach
destination by other means as an ele-
ment of recovery for failure to stop
train for intending passenger (Case
Note)
Recovery for loss of time, in action for
personal injury, as affected by con-
tingent character
(Case Note)

804

880

of compensation

1228

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Power of judiciary to fix rates to be
charged by public-service corporations
(Case Note)

Service of process upon foreign corpora-

tion not doing business within the
state, as basis of a judgment in per-
sonam (Case Note)
Jurisdiction of equity over suits by a
corporation or its representative to
hold the directors or officers liable for
losses of such corporation occasioned
by their fraud, bad faith, or negli-
gence (Case Note)
Power to compel production of corpo-
rate books to aid in assessing holder
of stock or his estate (Case Note)
Power of corporation to dedicate prop-
erty for public use (Case Note)

Cotenancy.

Right of one cotenant who pays mort-
gage to be subrogated to the rights
of mortgagee as against other coten-
ant or his privies (Case Note)

Courts.

Validity of requirement by mutual bene-
fit society that remedies within the

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Power to compel the production of cor-
porate books to aid in assessing hold-
er of stock or his estate (Case Note)

Discrimination.

By carrier, see CARRIERS.
Unlawfulness of, see CONSTITUTIONAL
LAW.

Documentary evidence.
See EVIDENCE.

Dower.

Right of widow to recover from estate
the value of her dower interest in
land conveyed by her husband during
lifetime (Case Note)

Drunkenness.

Of passenger, see CARRIERS.

Easements.

788

1101

Equity.

As to injunction, see INJUNCTION.
Inherent power to devest estates of per-
sons not in being (Subject Note)
Equitable control of discretion vested in
trustee (Case Note)
Jurisdiction of equity over suits by a
corporation or its representative to
hold the directors or officers liable for
the losses of such corporation occa-
sioned by the fraud, bad faith, or neg-
ligence of such officers (Case Note)
Permitting chancery to set aside a ver-
dict upon an issue directed by it to a
law court, as an unconstitutional in-
fringement upon the powers of the
latter (Case Note)

61

398

739

866

Estoppel.

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418

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The burden of showing that use upon
which an easement by prescription is
claimed was permissive, and not un-
der claim of right (Case Note)
Burden of proof as to payment of value
by, or notice of fraud to, subvendee
of chattels, when original seller seeks
to rescind for fraud of first purchaser
(Case Note)

149

448

b. Implication by necessity

1. In general

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license in suit to recover for services
(Case Note)

1238

3. Distinction between implied
grants and implied reser-

Presumption of condonation of serv-

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by appearances and implica-
tion by necessity

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343

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Admissibility against defendant of docu-
ments or articles taken from him
(Case Note)

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Evidence by phonograph (Case Note)
Is a probability, without direct evi-
dence, that a condition existed at the
time of the fact in question, sufficient
to sustain the admission of an experi-
ment performed under such condition
(Case Note)

762
306

974

131

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Experiment.

Highways.

Admissibility of, see EVIDENCE.

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Delay in applying for Injunction against
maintaining telegraph or telephone
line in (Case Note)
Right to mineral under the surface
of street or highway the fee of which
is vested in the public (Case Note)
Liability of municipality for injury to
person or property of one driving
over defective highway, where at time
of accident his horse is frightened
without fault of either party (Case
Note)
Obstructions in highway, preventing ac-
cess to property except by a circuit-
ous route, as a special injury enti-
tling owner to maintain action for
damages, or to abate the nuisance
(Case Note)

Homestead.

1091

422

77

227

376

Effect of a wife's separate deed of
homestead in connection with a con-
veyance or encumbrance by husband,
or her subsequent joinder therein
(Case Note)

748

Conveyance of homestead by husband
after abandonment by wife (Case
Note)

565

Hucksters.

426

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1175

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Measure of damages for, see DAMAGES.
Effect of, on insurance, see INSURANCE.
trust in case
Constructive
of, see
TRUSTS.
Burden of proof as to payment of value
by, or notice of fraud to, subvendee
of chattels, when original seller seeks
to rescind for fraud of first purchaser
(Case Note)
Waiver of fraud by completing execu-
tory contract for sale of personal
property after discovering the fraud
(Case Note)

448

452

Action for price as bar to action for
damages for (Case Note)

582

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See NEGLIGENCE.

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Negligence toward infant trespassers
on railroad track, see RAILROADS.
Effect upon title to property purchased
by infant of his disaffirmance, after
majority, of his executory contract to
pay for the same (Case Note)
Imputing another's negligence to (Sub-
664, 669
ject Note)

104

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Judgment.

same

time (Case

1107

Title, for

homestead entry, as within sole and
unconditional ownership clause in in-
surance policy (Case Note)

Duty to notify insurer of facts which
develop after submission of applica-
tion, but before delivery of policy
or certificate (Case Note)
Validity of requirement by mutual bene-
fit society that remedies within the
order must be exhausted before re-
sort to the civil courts (Case Note)
Reasonableness of new by-laws as im-
plied condition of consent to change
of by-laws (Case Note)
Statute permitting change of benefi-
ciary as affecting rights of beneficiary
under policy previously issued (Case
Note)
Applicability of provisions in accident
policy, exempting insurer or limiting
its liability for disability arising from
a specified condition, when such condi-
tion is itself the result of an acci-
dent occurring after the issuance of
the policy (Case Note)

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