REVERSIONS.

See Wills, 686.

I. RIGHT OF ACTION AND DEFENSES. (Del.Super.) Replevin lies for the possession of goods and chattels unlawfully detained (Me.) The reversion is that present, vestfrom the owner, or the person entitled to pos- ed, alienable, inheritable, and devisable residue session, the primary object being recovery of of an estate remaining in grantor or his succesproperty, with damages for its taking and de- sors, or in the successors of a testator to be tention, secondarily, and usually, the object be- enjoyed in possession, from and after the haping the recovery of a sum of money equivalent pening of a particular future event.-Johnson v. to the value of the property.-Frick v. Miller, Palmer, 107 A. 291. 107 A, 391.

REVIEW.

8(1) (Del.Super.) Replevin is a possessory action, and lies only in favor of one entitled to possession at the time of its commencement, See Appeal and Error; Certiorari. and the right to possession must be coupled with ownership, either general or special.-Frick v. Miller, 107 A. 391.

Plaintiff in replevin to recover must do so on the strength of his own title, and not on any weakness of defendant's.-Id.

REVISED PARTITION ACT.

See Partition, 12.

REVIVAL.

9 (Del.Super.) The wrongful detention from See Abatement and Revival, 71. plaintiff in replevin by defendant of the goods and chattels replevied at the time they were replevied is a material fact.-Frick v. Miller, 107 A. 391.

RIOT.

See Criminal Law, 591.

9 (N.J.Sup.) Under 3 Comp. St. 1910, p. 4368, § 2, replevin lies not only for the unlawful taking of the goods, but also for wrongful detention.-Schwartz v. King Realty & Invest- See Navigable Waters, ment Co., 107 A. 154.

II. JURISDICTION, VENUE, AND

PARTIES.

RIPARIAN RIGHTS.
39–44.

RISK.

See Master and Servant, 204–220.

See Highways.

ROADS.

ROBBERY.

22 (N.J.Sup.) In replevin by the buyer against the seller's landlord for goods purchased by the buyer at an auction sale seized by a constable under a distress warrant issued by defendant, which refused to deliver up such goods upon demand by plaintiff, defendant having a constructive possession by its agent, the constable is a proper party to the action.-Schwartz v. King Realty & Investment Co., 107 A. 154. III. PROCEEDINGS FOR TAKING AND See Master and Servant,

REDELIVERY OF PROPERTY.

men

See Homicide, 308.

RUPTURE.

373.

SAFETY APPLIANCE ACTS.

54 (Del.Super.) Articles of jewelry tioned in the body of the writ, but not replev- See Commerce, 86; Evidence, 47; Mas ied, cannot be considered by the jury.-Frick v. Miller, 107 A. 391.

V. DAMAGES.

81 (N.J.Sup.) Where the unlawful taking and detention by defendant is the result of malice or wantonness, plaintiff may in an action of replevin recover exemplary damages.-Dreimuller v. Rogow, 107 A. 144.

82 (Del.Super.) For the detention by defendant of two articles admitted by him to be plaintiff's property, plaintiff, suing in replevin, is entitled to nominal damages.-Frick v. Miller, 107 A. 391.

VI. TRIAL, JUDGMENT, ENFORCE-
MENT OF JUDGMENT, AND
REVIEW.

88 (N.J.Sup.) In replevin where plaintiff claimed that defendant surreptitiously took

ter and Servant, 110.

SALE OF LAND ACT.

See Partition, 12.

SALES.

See Attachment, 8; Bankruptcy, ~303; Brokers, 7, 38; Building and Loan Associations, 9; Contracts, 138; Corporations, 198; Counties, 182; Courts,

97; Customs and Usages, 17, 19, 20; Damages, 22, 23, 120; Evidence, 113, 318, 543; Fraud, 18, 20, 59, 64, 65; Frauds, Statute of, 84, 90; Fraudulent Conveyances, 214; Injunction, 223; Insurance, 695; Joint Adventures, 4: Judicial Sales; Landlord and Tenant, 270; Licenses, 7; Limitation of Actions, 100; Master and Servant, 8, 302;

For cases in Dec.Dig. & Am.Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER

Monopolies, 17; Mortgages, 239; | ticular purpose, a "trade-name" is a name giv-
Partnership, 254, 258; Pleading, 356; en by a manufacturer to the particular product
Receivers, 167; Replevin, ~22;
made by him, and the generic name of an ar-
252, 253; Vendor and Purchaser;
ticle made by several is not a trade-name.-
nesses, 255.
Griffin v. Metal Product Co., 107 A. 713.

Trial,
Wit-

II. CONSTRUCTION OF CONTRACT.

was

273(3) (Pa.) Where high-speed steel
sold for use in making tools, as known to the

55 (Pa.) Where steel purchased by defend-seller, there was an implied warranty of quality,
ant, a manufacturer of Pittsburgh, Pa., was to
under Sales Act, § 15, cl. 1.-Griffin v. Metal
be delivered f. o. b. the shipping point' in New Product Co., 107 A. 713.
York, the contract was a New York contract, 275 (Pa.) In action for contract price of
to be interpreted according to the laws of that 1,000 fresh butcher calf and kip skins, sold un-
state.-Griffin v. Metal Product Co., 107 A. 713. der contract specifying delivery of two grades
71(4) (Pa.) Under contract for sale of soda at different prices, but not specifying the pro-
ash at fixed price of "buyer's entire require- portions of each grade, defendant's offer to
ments during 1916, minimum quantity 180 tons prove a trade custom requiring delivery of a
per month and maximum 250 tons monthly," fixed proportion as between the several grades
without other agreement as to contract or
was properly rejected, as it would have intro-
subject-matter, the buyer, a manufacturing duced an implied warranty not arising from
company, was entitled to receive amount stip- contract itself.-Krehl v. Mosser, 107 A. 834.
ulated in contract, whether required in its busi-288 (2) (Pa.) An express warranty_survives
ness or not, and was not accountable to seller acceptance of the goods.-Samuel v. Delaware
for profits on resales of soda ash delivered to River Steel Co., 107 A. 700.
it.-Diamond Alkali Co. v. Etna Explosives
Co., 107 A. 711.

72(1) (Conn.) The sale being of specific
goods designated as "rod aluminum" in written
contract as completed and in the written nego-
tiations leading up to the contract, it was the
duty of seller to furnish "rod aluminum" as that
term was ordinarily used in the trade.-Brown
Bag Filling Mach. Co. v. United Smelting &
Aluminum Co., 107 A. 619.

The implied warranty that the material sold
is of the kind ordered is one which survives the
acceptance and use of the material by buyer
with notice of breach and without previous no-
tice to seller.-Id.

VII. REMEDIES OF SELLER.
(E) Actions for Price or Value.

345 (Pa.) In action for balance of price of
before the voucher authorizing final payment
a water filter plant, defendant's contention that,
was issued by architect, his relations with de-
fendant had ceased, and he could not furnish
a binding certificate, was no defense, where

amount certified under contract was in fact due
at a time stated therein.-Permutit Co. v. Wal-
lace, 107 A. 220.

79 (Conn.) A contract in writing for the
purchase of lumber from sellers in New Jersey,
dated at Bridgeport, Conn., and reading "Ship
us transit car containing," etc., and "Inspec-
tion allowed on this car," held properly con-
strued as calling for a delivery in Bridgeport,
the buyers' place of business, despite Gen. St.
1918, § 4709, making the seller's place of busi-354(3) (Pa.) In action for balance of price
ness the place of delivery, though the provision of water filter delivered under contract for fil-
for inspection was not conclusive, in view of
ter 7 feet 6 inches inside diameter and 16 feet
section 4713.-Burn & Crump v. Metropolitan
Lumber Co., 107 A. 609.

high, with a stated capacity, an affidavit of de-
fense, averring delivery of one of different ca-
pacity and of 14 feet 3% inches "outside height
from the bottom to the top of the swell of the
top and bottom," but not averring that in the
trade a 16-foot filter meant 16 feet from "bot-
tom to the top and swell," or that it did not
have stated capacity, or as to inside diameter,
was insufficient.-Permutit Co. v. Wallace, 107
A. 220.

IV. PERFORMANCE OF CONTRACT.
(A) Title and Possession of Seller.
135 (Pa.) In action on notes for purchase
of lumber, defendant could not resist payment on
account of seller's lack of title to timber and his
promise not to sue on notes until he had ac-
quired title, where, by reason of lapse of time
since defendant had cut and removed the timber, 364 (6) (Conn.) Since the meaning of a writ-
any claim to it by any one was barred by stat- ten contract is not to be determined by the rela-
ute of limitations.-Yeager v. Mansel, 107 A. tive ignorance or knowledge of the parties,
688.
where there is no claim of fraud or mistake,
the court erred in instructing that jury might
consider the experience or lack of experience, of
the parties in the aluminum trade in determin-
ing meaning of "rod_aluminum" in contract
involved.-Brown Bag Filling Mach. Co. v. Unit-
ed Smelting & Aluminum Co., 107 A. 619.

(C) Delivery and Acceptance of Goods.
178(2) (Conn.) Retention of possession
without any claim indicating that the buyer
had any fault to find with the goods held suffi-
cient to justify instruction that retention under
the circumstances amounted to an acceptance.-
Brown Bag Filling Mach. Co. v. United Smelt-
ing & Aluminum Co., 107 A. 619.

180(4) (Conn.) The acceptance of a single
lot of "rod aluminum" did not preclude the buy-
er from refusing to accept subsequent deliveries
which in fact did not conform to the contract.-

Brown Bag Filling Mach. Co. v. United Smelt-
ing & Aluminum Co., 107 A. 619.

VI. WARRANTIES.

266 (Pa.) An implied warranty attaches, in
the sale of an article by description or sample,
that it shall be of the kind ordered.-Samuel v.
Delaware River Steel Co., 107 A. 700.

271 (Pa.) An implied warranty attaches, in
the sale of an article by sample, that it shall
be of the kind ordered.-Samuel v. Delaware
River Steel Co., 107 A. 700.

VIII. REMEDIES OF BUYER.
(C) Actions for Breach of Contract.

418(2) (N.J.Sup.) Ordinarily, the difference
between the contract price and the value of the
goods at the date fixed for delivery is the meas-
Hammond Chemical Works, 107 A. 44.
ure of damages.-T. J. Parker, Inc., v. Anthony-

(D) Actions and Counterclaims for Breach
of Warranty.

425 (Pa.) An express warranty survives ac-
ceptance of the goods, and the buyer may there-
after sue for breach of the warranty, or may
set off damages therefor in an action for the
purchase price.-Samuel v. Delaware River Steel
Co., 107 À. 700.

442(6, 7) (Pa.) In assumpsit for price of
high-speed steel, which buyer claimed was un-
273(1) (Pa.) Under Sales Act, § 15, cl. 4, fit for making tools, for which purpose it was
providing that, on sale of article under its known to have been bought, he was entitled,
patent or other trades-name, there is no im- under Sales Act, § 69, to show expenses in-
plied warranty as to its fitness for any par-curred in trying to make tools from the steel

before discovering the impossibility of so doing,
if not too remote.-Griffin v. Metal Product Co.,
107 A. 713.

445 (4) (Pa.) In seller's action for price of
"roll scale," bought by defendants, seller's evi-
dence that the material furnished was roll scale,
though contradicted by buyer's evidence that it
was mil cinder, made a question for the jury.-
Samuel v. Delaware River Steel Co., 107 A. 700.

IX. CONDITIONAL SALES.

456 (N.J.Ch.) Contract evidenced by instru-
ment purporting to lease an automobile truck
for eight months for $1,793, in ten monthly
payments, and providing that lessee at expira-
tion of lease should return truck to lessor, with
privilege, if installments had been paid, to buy
it for $1, was a "conditional sale," in view of
Conditional Sales Act.-Rapoport v. Rapoport
Express Co., 107 A. 822.

I.

NATURE AND GROUNDS OF REM-
EDY IN GENERAL.

13 (N.J.Ch.) Absolute inability of a defend-
ant to perform his undertaking at all when
called on by a court to do so precludes decree
for its specific performance.-McAllister v. At-
lantic City, 107 A. 48.

Specific performance of covenant in deed
granting to city property for park purposes that
park would not be obstructed will not lie, where
city has by contract bound itself not to con-
demn pier claimed as obstruction until it also
condemns other piers and complainants have
acquiesced in that agreement, since rule as to
impossibility of performance would be applica-
ble to complainants.-Id.

465 (N.J.Ch.) The court of chancery will
not tolerate an evasion of the statutes requiring
record of conditional bills of sales, and will
look to the real transaction between the parties,
notwithstanding the terms of any written in- See Evidence, 117; Municipal Corporations,
strument. Rapoport v. Rapoport Express Co.,
107 A. 822.

See Ferries,
185.

SHIPPING.

33; Master and Servant,
SIGNATURES.

mm 705.

SPEED.

SPENDTHRIFTS.

See Trusts, 154, 169–179.

STATE AID.

See Army and Navy, 50.

STATES.

See Army and Navy, 50; Constitutional
Law, 121, 190; Criminal Law, 97; In-
sane Persons, 47, 63; Intoxicating Liq-
nors, 223; Treaties, 7; United States,
* 25.

STATUTE OF FRAUDS.

See Frauds, Statute of.

STATUTE OF LIMITATIONS.

See Limitation of Actions.

STATUTES.

For statutes relating to particular subjects, see
the various specific topics.

I. ENACTMENT, REQUISITES, AND
VALIDITY IN GENERAL.

352 (Me.) A state cannot make the ratifi-
cation of a proposed amendment to the federal
Constitution dependent on an initiative and
referendum vote, in view of Const. U. S. art. 5,
requiring ratification by state Legislatures.-In
re Opinion of the Justices, 107 A. 673.

The initiative and referendum amendment to
the state Constitution, requiring submission of
certain acts and resolutions of the Legislature
See Appeal and Error, 756, 766; Criminal to the people, is inapplicable to a resolution rati-
Law, 822, 478; Elections, 330; Evi-fying a proposed amendment to the federal Con-
dence, 480, 564; Frauds, Statute of, stitution, since such resolution, is not strictly
106, 116; Gifts, 30; Wills, 111, 133, legislative or lawmaking in character.-Id.
304.

SILENCE.

See Criminal Law, 407.

SLANDER.

See Libel and Slander.

SMOKING CAR.

352 Me.) The act granting women right
to vote for presidential electors (Pub. Laws
1919, c. 120), being an ordinary legislative act
having the force of law, is within the control
of the referendum amendment (Const. art. 4,
Amend. 31, adding § 17, pt. 3), not being within
any exception thereto.-In re Opinion of the
Justices, 107 A. 705.

352 (Md.) Acts 1918, c. 205, creating of-
fice of president of Annapolis Water Company,
is not unconstitutional because passed to take
immediate effect, under Const. art. 3, § 31,
notwithstanding article 16, relating to the ref-
erendum, and section 2, providing that no meas-
ure creating an office shall be enacted as an
See Army and Navy, 50; Criminal Law, emergency law, since article 16, in view of sec-
693; Railroads, 400.

See Carriers, 347.

SOLDIERS.

tion 3(a), is inapplicable to public local laws

For cases in Dec.Dig. & Am,Dig. Key-No.Series & Indexes see same topic and KEY-NUMBER

for any city other than Baltimore City.- rant it.-Hartley v. County Board of Elections
Strange v. Levy, 107 A. 549.
of Passaic County, 107 A. 817.

II. GENERAL AND SPECIAL OR LO-lative intent in a statute, as evinced by the
CAL LAWS.

85(1) (Pa.) A construction of Act June 1,
1901 (P. L. 431), that would extend its benefits
to an architect merely for preparing plans, 219 (Md.) Where there has been a long and
would render it invalid as a special law for the unbroken construction given to a statute by the
extension of liens, or as changing the method officers charged with its administration, the
for the collection of debts, in contravention of court ordinarily will assume such construction
Const. 1874, art. 3, § 7.—Dyer v. Wallace, 107 to have been correct, but cannot indulge such
nation of clear language of the statute.-Smith
an assumption where it would require the elimi-
v. State, 107 A. 255.

Const. art. 3, § 7, cls. 2, 15, forbidding pas-chusetts court to a statute adopted in Ver-
sage of local or special laws regulating af-
fairs of, or prescribing powers and duties of
officers in, counties, cities, boroughs, etc., ren-
ders a statute applicable to counties only of a
specified population local and special, where
the subject-matter of the act has no relation to
the population of the counties.-Id.

DELAWARE.

1911, ch. 164..

242

281

307

680

569

118

STATUTES AT LARGE.
1887, Feb. 4, ch. 104, 24
Stat. 379. Amended by
Act 1906, June 29, ch.
3591, § 2, 34 Stat. 584.. 680
1890, July 2, ch. 647, 26
Stat. 209..
1898, July 1, ch. 541, 30
Stat. 544.
396, 643
1898, July 1, ch. 541, § 16,
30 Stat. 550..

1898, July 1, ch. 541, § 60a,
b, 30 Stat. 562.
1906, June 29, ch. 3591, §
2, 34 Stat. 584.
1908, April 22, ch. 149, 35
Stat. 65. ...118, 330, 569
1908, April 22, ch. 149, §
6, 35 Stat. 66...
1910, April 14, ch. 160, 8
3, 36 Stat. 298.

REVISED STATUTES 1916.

Page 463, par. 4..

50

Page 994..

406

1916, Sept. 8, ch. 463, 39
Stat. 756. Amended by
Act 1917, Oct. 3, ch. 63,
40 Stat. 300.

Ch. 52, §§ 2, 120.

Ch. 80, §§ 14, 21.

Ch. 91, § 4..

329

Ch. 110, § 10.

1917, Oct. 3, ch. 63, 40

Ch. 126, § 4.

Stat. 300..

1918, Nov. 21, ch. 212, 40

828

Page 1786, § 124..
708 Page 1838, § 57.
865 Page 1844, 74.
492 Page 1863, 136.
296

Page 1866, § 137..
Page 1917..

791

167

266

270

407, 410, 475

410

159

Stat. 1045..

32 Page 1920, § 6..

159

1917, ch. 276, § 10.

32

Page 1955, § 7..

589

COMPILED STATUTES 1916

1919, ch. 112.

709

Page 1977, § 69 et seq...

57

(or 1918).

1919, ch. 120.

705

Pages 1978, 1979, §§ 73-

$ 8569

76

599

680

$$ 8605, 8612

30

$ 8619

118

Declaration of Rights,

Page 2016, § 213a.

457

9585-9656..

9600

§ 9644

.396,

643

art. 2

358

Page 2021, § 19.

260

281

Art. 3, § 31.

549

Page 2229,

30.

38

Art. 16

549 Pages 2610, 2612, §§ 1, 5 473

307

Art. 16, §§ 2, 3a.

549 Page 2808

435