Sharp County record., 1881-01-20
COMMERCIAL LAW.
Brief Digests of Late Decisions.
From the St. Louis Commercial Gazette.l

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G and his children. The deed provided
that the land should not be alienated by
] nor be sold for debts. Held that the
condition against alienation and liability
for debts was voiu.-NcClsary rs. EI!'{
Supreme Court, Iowa.
CONTRACT PRICE.
Where the parties contract for the DO
inc of certain work, and the work IS
done and accepted, and it appears that
there is a misunderstanding as to the
price to be paid for it, the law rejects
| the understanding of each and awards
reasonable compensation. The same
obtains where an agent is employed to
contract for work, and in good faith
and with reasonable care and diligence
makes the contract, although such rea-
sonable compensation exceeds the sum
which the agent was authorized to
promise. Turner ct al. rs. Webster,
Supreme Court, KGnSaS.
IMMORAL CONTRACT.
The plaintiffs were carrying on the
business of the Missouri State Lottery,
which was seriously interfered with by
the police commissioners Of the city Of
! St. Louis, who caused the arrest OF the
venders of tickets. On defendants un-
dertaking that he could and would con-
troll the commissioners and prevent such
| interterences, plaintiff paid him moneys
at different times, which he sought to
recover back, defendant having failed to
perform his contract. Held that the
courls will not aid to recover back money
paid.in pursuance of such a contract 1t
| is immaterial that the lottery was legal.
Public officers must not be improperly
acted upon, even for the doing of that
which they have right to do.-Nurray
ct aL rs. Wakefield, 81. Laui8 Court Of
AplsalS.
! MASTER AND SERVANT.
a master is not an insurer of the alb
solute safety of tools furnished to his
wo4kmen. He is bound to proyideShem
with safe tools, but he does not engage
thar they will always continue in the
same condition. Any defect which may
become apparent in their use it is the
duty of the servant to observe and re-
port to his master.
But a master is bound to know that a
rope used for the purpose Of loading
heavy stones with the aid of a derrick
will last only a limited time, and it is
his duty to renew it at proper intervals.
He can not furnish sound rope and
fold his arms until by actual breaking it
is demonstrated to be insecure.-BdEer
Us. AJleghany Railroad Co., Supreme
Court, Penn.
! NEGOTIABLE CONTRACTS.
Where certain undertakings, given on
account of the purchase price of piano,
provided for the payment of certain
sum at certain time, and in case of de-
fault made it optional with the payee to
retake possession of the instrument, title
to remain in him until payment, held
that the money was not payable abso-
~ ely-so as to make an Endorsement
| necessary, but they were properly as
signable as chooses in actiOn.-BGnntSte'
u.s. Rouse, Supreme Court, MINI.
PARTNERSHIP.
Where copartnership was dissolved
by the death of one of the partners, and
the survivors took possessions Of the as
sets, held that they were jointly liable
therefor, and could not, by dividing
them among themselves, fix the meas
ure of their individual iability.-Buudy
rs. Te0D1a11S, Supreme Court, MINI.
FIXTURES AS PERSONALITY.
Where the junior chattel mortgage
took possession of morgaged fixtures
and severed them from the real estate
with which they were connected, to sub
iect them to sale to satisfy his mortgage,
| he'd that he could not, as against prior
chattel mortgage, assert that such fix
lures were part of the realty. When all
the parties have seen fit to treat what
might otherwise be fixtures and part of
the realty as personal property, the law
will consider such fixtures, as between
the parties, personal property to all in
tents and purposes.-Smah rs. Wag.
g0ner, Supreme Court, WiS.
INTEREST.
/ A mortgage to secure a note set forth
that it was to be void if the mOrtgageor
| should pay the sum secured in five years
"with interest at the rate Of seven and
one-haif per cent. per annum." Held
that after the five years, if the note was
not paid, the rate of interest would be
seven and one half per cent, and not the
legal rate Of six per cent.-Un5On Insti-
tlfi2n for SaUings rs. City Of Boston,
Supreme Court, Mass.
CONTRACTS CONCERNING LAND.
A verbal agreement between parties
to acquire certain land, and then divide
I the same, is not within the statute Of
frauds, and therefore can be enforced
Aiken as. Hale and Mcdonald.
PIANO AND SEWING MACHINE.
After deciding that sewing machine
and piano are household furniture :"
and exempt from attachment, the SUI
preme Court of Illinois remarked: "We
have no doubt whatever that a sewing
machine is domestic implement of such
a character that it ought to be so re-
garded. There is more question in re-
gard to the piano. In Vermont and
Wisconsin q piano is not deemed to be
an article of household furniture. We
think, however, that the question may
be decided differently, according as the
habits and usages of society differ in
different States. Moreover, the prOvi-