RELEASE. See Bail, 62, 75; Corporations, 247; See Insurance, 213; Trial, RISKS. 455; Master and Servant, 296. RIVERS. VI. PROCEEDINGS TO PROCURE AND See Court Rules Cited. EFFECT OF REMOVAL. SAFE PLACE TO WORK. 86(3) (U.S.C.C.A.) Allegation that defendant corporation was citizen of a state other than that of plaintiff's citizenship, residing in that See Master and Servant, 118. state, with no allegation that it was organized under laws of that state, is insufficient to sustain the federal court's jurisdiction after remov SAFETY APPLIANCE ACTS. al.-Fentress Coal & Coke Co. v. Elmore, 254. See Railroads, 229. VII. REMAND OR DISMISSAL OF SALES. Bankruptcy, 140, 346; 426; Intoxicating Liq See Admiralty; 103 (U.S.C.C.A.) Petition for removal, defective because not alleging organization of corporation, may be amended after judgment for plaintiff, and such judgment will be reversed, with directions that it be re-entered, if the plaintiff amends his declaration, so as to cure the defect.-Fentress Coal & Coke Co. v. El-4(1) (U.S.C.C.A.) A more, 254. RENT. See Mines and Minerals, 56. REPEAL. See Statutes, 159, 162. See Criminal Law, REQUESTS. 829; Trial, 255. RES GESTÆ. See Criminal Law, 366; Evidence, RES IPSA LOQUITUR. See Master and Servant, 265. See Monopolies. RETIRING PARTNERS. See Partnership, 237-242. REVENUE. See Internal Revenue. REVENUE LAWS. See Statutes, 245. REVIEW. See Appeal and Error. 271 (U.S.C.C.A.) Where sale is by sample, law implies warranty that bulk of goods is equal in quality to sample.-D. H. Watjen & Co. v. Louisville Tobacco Warehouse Co., 605. VIII. REMEDIES OF BUYER. (A) Recovery of Price. 121.397 (U.S.C.C.A.) Where defendants contended that their hop crop was improperly rejected, testimony that grading of hops by inspectors varied was admissible.-Wolf v. Edmunson, 89. (C) Actions for Breach of Contract. 422 (U.S.C.C.A.) In an action for breach of a contract for the sale of cotton pickings, in which the jury was correctly instructed as to measure of damages, evidence held not to entitle plaintiff to have the verdict set aside, as not based on the evidence, but the result of a compromise.-N. P. Sloan Co. v. Uncasville Mfg. Co., 478. (D) Actions and Counterclaims for Breach of Warranty. 437(1) (U.S.C.C.A.) In action by buyer of tobacco for damages on ground that it did not equal sample, evidence of express warranty held admissible under pleadings, being alleged in reply though not in petition.-D. H. Wat For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER jen & Co. v. Louisville Tobacco Warehouse Co., | er.-American Warehouse & Trading Co. v. Da605. vision Lumber Co., 162. 440(2) (U.S.C.C.A.) In action by buyer of tobacco sold by sample, evidence that defendant's representative was part owner of the tobacco held admissible on questions of express warranty.-D. H. Watjen & Co. v. Louisville Tobacco Warehouse Co., 605. SPECIFIC PERFORMANCE. II. CONTRACTS ENFORCEABLE. 53 (U.S.C.C.A.) Where through misrepre 445(2) (U.S.C.C.A.) Where seller of tobac- sentations of the broker that he was financially co contended that sale was made without war- responsible and would at any time within a ranty because under rules of tobacco exchange, year relieve him of his purchase defendant was but buyer made contrary contentions, question induced to contract to purchase land, specifie was for jury, and instruction that sale was gov-performance of the contract will not be decreed. erned by said rules was error.-D. H. Watjen & -Grieson v. Winey, 489. Co. v. Louisville Tobacco Warehouse Co., 605. IX. CONDITIONAL SALES. 460 (U.S.C.C.A.) In absence of statute, conditional sale may be verbal.-Shook v. Levi, 157. 479(7) (U.S.C.C.A.) One claiming that sale is conditional has burden of proving it by preponderance of evidence.-Shook v. Levi, 157. had been listed for sale, misrepresented his Where a real estate broker, with whom land financial responsibility, and by agreeing to relieve defendant of his purchase at any time within a year induced him to contract to purchase land, fraud of broker cannot be isolated from principal contract, so as to authorize specific performance at suit of owner.-Id. STATUTE OF LIMITATIONS. Acceptance of notes for balance due on purchase price of chattels is not conclusive evi- See Limitation of Actions. dence that sale was absolute, and not conditional, although it is fact to be considered in determining question.-Id. STATUTE OF USES. See Trusts, 131. STATUTES. For statutes relating to particular subjects, see the various specific topics. V. REPEAL, SUSPENSION, EXPIRA- 159 (U.S.C.C.A.) Repeal by implication is not favored and may be lawfully inferred only when the later statute is so repugnant to or inconsistent with the earlier one that it is clear the legislative body must have intended to repeal the former.-Witte v. Shelton, 191. 162 (U.S.C.C.A.) Specific legislation on a particular phase of a subject is not affected by a subsequent law relating to the general subject which neither refers to the earlier law nor is repugnant to nor inconsistent with it.-Witte v. Shelton, 191. VI. CONSTRUCTION AND OPERA TION. (A) General Rules of Construction. that it is wholly unsafe as an aid to statutory of a comma in a statute is so nearly fortuitous interpretation. Erie R. Co. v. United States, 50 (U.S.C.C.A.) A charterer, who contracts for wharfage for the vessel, without disclosing that he is acting for any one else, is liable there-200 (U.S.C.C.A.) The presence or absence for, although by the terms of the charter, as between him and the owners, the liability is primarily on the latter.-American Warehouse & Trading Co. v. Davison Lumber Co., 162. XI. LIMITATION OF OWNER'S LIABILITY. 207 (U.S.C.C.A.) Under Act Cong. June 26, 1884, § 18, limiting the liability of vessel owners for debts and liabilities of the vessel, the exemption does not extend to contracts made personally by or with the consent of a part own 64. (B) Particular Classes of Statutes. 245 (U.S.C.C.A.) Revenue statutes, though imposing penalties and forfeitures, are not to be construed like penal laws, but the legislative intention must be deemed to be the providing of revenue.-Lowe v. Farbwerke-Hoechst Co., 469. 1898, July 1, ch. 541, § 67, 30 Stat. 564 466 64 326 .316, 318 1907, Feb. 20, ch. 1134, §§ 20, 21, 43, 34 294 1907, March 4, ch. 2939, §§ 2, 3, 34 Stat. 241 535 274b added by Act 1915, March 3, ch. 387 §§ 289-291 290 1909. March 4, ch. 321, § 238, 35 Stat. 1136 191 1884, June 26, ch. 121, § 18, 23 Stat. 57.. 64 Stat. 1167 1911, March 3, ch. 231, §§ 289-291, 36 1894, Aug. 13, ch. 280, 28 Stat. 278. 1898, July 1, ch. 541, § 25a, 30 Stat. 553 336 §§ 1266–1268 290 § 1537 439 44 8 1587 .200, 493 .44, 281 $$ 4269, 4270 294 294 .267, 471 1898, July 1, ch. 541, § 60, 30 Stat. 562.. 466 §§ 6319, 6324, 6325, 6327. 463 326 1898, July 1, ch. 541, § 64b, 30 Stat. 563 349 § 7730, subd. h. 615 For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER For review of rulings at trial, see Appeal and VI. TAKING CASE OR QUESTION 264 (A) Questions of Law or of Fact in Gen- See Bankruptcy, 346; Internal Revenue; TELEGRAPHS AND TELEPHONES. TERRITORIES. 32 (U.S.C.C.A.) The government of Porto See Payment. TIME. See Action; Collision; Death; Frauds, Stat- TOWNS. See Municipal Corporations. 139(1) (U.S.C.C.A.) Where plaintiff's evi- 139(1) (U.S.C.C.A.) A verdict can be di- 142 (U.S.C.C.A.) Where different infer- 143 (U.S.C.C.A.) Where plaintiff's evidence (D) Direction of Verdict. 168 (U.S.C.C.A.) In a proper case, the trial made for directed verdict, it is error to refuse it.-McCarthy v. New York, N. H. & H. R. 178 (U.S.C.C.A.) In disposing of motion for VII. INSTRUCTIONS TO JURY. eral. 194(1) (U.S.C.C.A.) In personal injury ac- (E) Requests or Prayers. 255(5) (U.S.C.C.A.) Where the parties were For cases in Dec. Dig. & Am. Dig. Key No. Series & Indexes see same topic and KEY-NUMBER |