3. TELEGRAPH COMPANY-Waiver by Local Agent.-A local
telegraph operator to whom the company intrusts the duty and
responsibility of getting up all possible information in case a claim
is made against it for damages, has authority to waive a condition
that such claims must be presented within sixty days. (S. C.) Hays
v. Western Union Tel. Co., 731.
4. TELEGRAPH COMPANY-Time to Present Claim-Waiver.
If a telegraph company, long after receiving a verbal claim for
damages and eight or ten days after receiving such claim in writ-
ing, seeks further information as to the merits of the claim, it
thereby waives its right to rely on a stipulation that claims must
be presented in writing and within a specified time. (S. C.) Hays
v. Western Union Tel. Co., 731.
Telegraphs and Telephones, lines and poles of, when constitute addi-
tional servitudes, 260-264.
1. COTENANCY-Grant of Right of Way by One Tenant.-If
one tenant in common grants to a telegraph company a right of way
over the common property, his cotenant cannot maintain trespass
against the company for the construction of its line, unless it com-
mits a trespass by doing something not properly incident to the
exercise of the right granted, or in injuriously exercising the right
in a negligent or wanton manner. His remedy is under the con-
demnation statutes. (S. C.) Granger v. Postal Tel. Co., 750.
2. COTENANTS Who are-Purchaser at Judicial Sale.-Where
the undivided interest of one cotenant is sold under execution, the
purchaser becomes a cotenant with the other tenant in common.
(Iowa) Rippe v. Badger, 336.
3. COTENANTS Contribution.-If One Cotenant Pays Off a lien
on the common property, or pays more than his share thereof, or if
he pays more than his share of the purchase price, he is entitled to
contribution from his cotenants for their proportion, and has a lien
on the property to secure the payment thereof. (Iowa) Rippe v.
Badger, 336.
4. COTENANTS Contribution Against Execution Purchaser.—
A tenant in common in possession of the property who pays off a
mortgage thereon may enforce contribution against an execution pur-
chaser of his cotenant's interest' who is chargeable with notice of such
payment. (Iowa) Rippe v. Badger, 336.
5. COTENANTS Contribution Against Execution Purchaser.-A
tenant in common who has paid off a mortgage on the property is
not bound to attend an execution sale of his cotenant's interest in
the property and notify prospective purchasers of his right to con-
tribution, in order to preserve such right as against them. (Iowa)
Rippe v. Badger, 336.
6. COTENANTS Contribution
for Improvements.-A cotenant
who is a disseisor is not entitled to contribution for improvements.
(Iowa) Rippe v. Badger, 336.
Disseisor is
7. COTENANTS Rents.-A Cotenant Who is a
chargeable with the rental value of his co-owner's share of the
property, whether the rent is actually collected by him or not.
(Iowa) Rippe v. Badger, 336.
TIMBER CULTURE LAND.
See Public Lands.
TRADE NAMES-Injunction Against Use of.-If in organiz-
ing a corporation a trade name is chosen for and adopted by it, similar
to one adopted by another and older corporation or copartnership,
the use of such name may be enjoined by the latter if misleading
and calculated to injure its business, irrespective of the good faith
or intent to mislead the public, in adopting such trade name.
(Minn.) Nesne v. Sundet, 439,
TRADES UNION.
See Injunctions, 4.
TRIAL-Instructions.—A correct instruction given by the
court, but not previously given to the jury, may be read to it, by
plaintiff's counsel during the closing argument over the objection
of defendant's counsel. (Va.) Lane Brothers & Co. v. Bauserman,
872.
Trustees ex Maleficio, equity, grounds upon which will declare per-
evidence necessary to support a decree holding persons to be, 96.
fraud as a ground for declaring persons to be, 95, 96.
fraud, promises not kept, whether amount to, 99.
heirs, devisees, and legatees, when may be declared to be, 95.
illustrations of the application of the rules respecting to heirs
and devisees, 96.
parol evidence to establish, 99, 100.
prevention of testator's making a provision in his will as a
ground for declaring persons to hold as, 97.
promises made without consideration, effect of in creating, 98, 99.
promises which will convert devisees and heirs into, 96, 97.
under wills, 96-99.
1. DEEDS Parol Trusts-Evidence. A trust may be impressed
upon property held under a deed absolute upon its face, by parol
evidence of an agreement made at the time that the deed was exe-
cuted, that the property should be held and impressed with sucb
trust in favor of a third person, not mentioned in the deed. (Tenn.)
Mee v. Mee, 865,
2. DEEDS-Parol Trusts Evidence. If a deed absolute on its
face, by its terms confers upon the grantee discretion to dispose of
the land free from any trust, evidence is not admissible to establish
a trust by showing a parol agreement to hold the land for that pur-
pose. (Tenn.) Mee v. Mee, 865.
3. DEEDS Parol Trusts-Evidence.-If a deed, absolute on its
face, confers on the grantee discretion to dispose of land as he pleases,
parol evidence is inadmissible to establish a mandatory trust agreed
upon at the time of the execution of the deed, and thus contradict
the terms of the deed. (Tenn.) Mee v. Mee, 865.
4. RESULTING TRUSTS.-A Trust Resulted at the Common Law
when one person paid purchase money for lands, and the conveyance
was taken to another, but, under the statute of New York, no trust
results under such circumstances, except when the grantee in such
conveyance takes it in his own name without the knowledge of the
person paying the consideration, or when such grantee, in violation
of some trust, purchases land with moneys belonging to another per-
son. (N. Y.) Leary v. Corvin, 542.
5. A RESULTING TRUST does not Arise in favor of a person
furnishing moneys used in the purchase of lands, a conveyance to
which is taken in the name of another, unless the former furnishes
the whole consideration or some aliquot part thereof, or for the value
of some particular estate in the premises. (N. Y.) Leary v. Corvin,
542.
6. RESULTING TRUSTS.-The General Contribution of a Sum
of Money Toward the Purchase of Land is not sufficient to create a
resulting trust, where the conveyance is taken in the name of an-
other. (N. Y.) Leary v. Corvin, 542.
7. A RESULTING TRUST cannot Arise in favor of a daughter
who furnishes money to her father, to be by him employed in ac-
quiring premises to be used as a home during his life, and, upon his
death, to go to such daughter, when no particular piece of property
was in view when the money was furnished, and the amount when
finally used did not constitute any aliquot part of the purchase price
of the property. (N. Y.) Leary v. Corvin, 542.
8. TRUSTS, PRECATORY, When not Created by a Will.-If a
will purports to devise all the testator's property to his widow, to
have and to hold to her and her heirs and assigns forever, but states
that it is his will and desire that she shall pay the sum of three hun-
dred dollars a year to his sister in law, Nellie Post, no trust or power
in trust is created in her favor thereby. (N. Y.) Post v. Moore,
495.
9. TRUSTS-Failure to Perform Promise Trustee ex Maleficio.—
Failure to perform a verbal promise made by the sole heir at law of
one desiring to dispose of her estate by will to third persons, that
he will dispose of her estate as she desires, cannot make him, in case
of an intestacy, a trustee, ex maleficio as to the property inherited
by him, in the absence of actual fraud. (Ga.) Cassels v. Finn,
10. WILLS-Trustee ex Maleficio.-If a wife induces her husband
to convey to her by will all of his real and personal property, upon
the express promise that she in turn will convey the same property by
will to designated relatives, upon default upon her part to carry out
the agreement she takes the property as trustee ex maleficio for the
benefit of such designated relatives. (Minn.) Laird v. Vila, 420.
See Charities.
TRUSTS AND MONOPOLIES.
See Monopolies and Combinations.
1. OPTIONS-Consideration-Revocation.-An option to pur-
chase land given without consideration may be withdrawn at any
time before acceptance upon giving notice to the other party thereto,
but an option founded upon a valuable consideration cannot be
withdrawn before the time specified therein has expired, and if such
consideration is not paid at the date of the option, but at a later
date and during the life of the contract, it may be specifically en-
forced. (Va.) Cummins v. Beavers, 881,
2. OPTIONS-Revocation-Consideration.-A written option to
purchase land extended by parol without any new consideration may
be revoked at any time before acceptance. (Va.) Cummins v.
Beavers, 881.
3. OPTIONS-Fraud. The mere fact that an option to purchase
land is taken for the purpose of speculation does not constitute
fraud or unfair dealing. (Va.) Cummins v. Beavers, 881.
4. OPTIONS.-Specific Performance of an option for the sale
of land may be enforced in equity against the person signing it,
although it is not signed by the other party. (Va.) Cummins v.
Beavers, 881.
5. VENDOR AND PURCHASER Notice of Agreement to Sell.
A person who takes a conveyance of the legal title to land, with
knowledge that his grantor has agreed to sell it to another, holds it
subject to the equitable estate already vested in such intending pur-
chaser. (Va.) Cummins v. Beavers, 881.
6. VENDOR AND PURCHASER.—An Agreement to Convey Real
Estate Calls for a Conveyance of the Entire Estate in the lands
sold by a good and sufficient deed. (Wis.) Arentsen v. Moreland,
951.
7. VENDOR AND PURCHASER-Contract of Sale, When In-
cludes All Timber on the Land.-An option to purchase all lands
controlled by the vendor belonging to the N. W. L. Company includes
both the land and the timber growing thereon, though the vendor
had a right under his contract with such company to the timber only,
if he had under the same contract the option to purchase the com-
plete title under the terms therein specified. (Wis.) Arentsen v.
Moreland, 951.
Damages for Failure to Convey.
8. VENDOR AND PURCHASER, Damages for Failure to Convey.
A vendor who agrees to convey lands which he knows at the time
he had himself previously conveyed to another, or to which he has
no title, is answerable in damages to the vendee for the loss of his
bargain. (Wis.) Arentsen v. Moreland, 951.
9. VENDOR AND PURCHASER, Damages for Failure to Convey
When Purchaser Knew the Vendor had No Title.-If a person con-
tracts to sell and convey land to which both he and the purchaser
knew he had no title, the latter may, nevertheless, on the breach of
the contract, recover for the loss of his bargain. (Wis.) Arentsen
▼. Moreland, 951.
10. TRUST DEEDS-Fraud-Bona Fide Purchaser.-A purchaser
of land after a trust deed thereon has been released without actual
knowledge of such release through fraud or notice of any fact which
would put him on inquiry, is not chargeable with such fraud, and if
such release is afterward set aside without making him a party, he
is not affected thereby. (Mo.) Bristow v. Thackston, 472,
Vendor and Purchaser, conflict of laws, law of the state where the
contract was made controls, 964.
damages for breach of contract to convey, bad faith as an ele-
ment of, 967-970.
damages for breach of contract to convey cannot be influenced
by facts occurring after the breach, 977.
damages for breach of contract to convey, due to secret flaws
in the title, 974.
damages for breach of contract to convey, due to the vendor's
failure of title, 974.
damages for breach of contract to convey, due to wife's refusal
to join in the conveyance, 974.
damages for breach of contract to convey, English decisions re-
specting, 965-967.
damages for breach of contract to convey, interest, when allow-
able as an element of, 976.
damages for breach of contract to convey, presumption of, 965.
damages for breach of contract to convey, social standing of the
parties does not protect, 975.
'damages for breach of contract to convey, statutes providing the
measure of, 965.
damages for breach of contract to convey, value of the land,
when deemed to be, 972.
damages for breach of contract to convey where both vendor and
vendee knew the former had no title, 974.
damages for breach of contract to convey where improvements
have been placed on the property by the purchaser, 977.
damages for breach of contract to convey where no part of the
purchase price has been paid, 976.
damages for breach of contract to convey where the considera-
tion is not in money, 975.
damages for breach of contract to convey where the contract of
sale is parol, 974.
damages for breach of contract to convey where the land has
been in possession of the purchaser, 977.
damages for breach of contract to convey where the land has
decreased in value, 978.
damages for breach of contract to convey where the land is
to be selected by the purchaser, 977.
Am. St. Rep., Vol. 106-69
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