The Red Cloud chief., 1884-11-21
COMMERCIAL Law.
CozY<srs Esp~~asfy fSr 80 sAsSsss tss~
TIA Gaszsse. :. Leafs Ne
c,xxrStox wEEru1~T-EEsFossiHtl


plo7ri IA purchase grzia for . mill
company. hfs in.;-zsrsspns h~anE Tan bus
noihsn. bat god .pund shssi. be
hoaxh, What BE- believed IN - ssana
grain. tas \ hTgc portion proved 10 %
damp. aai iA- rnili epsnpans bronzas
sait Ia re~os.r damages. and IA d irth
eour; 20; : judgment for amount surSi
for. Th. ea-e. The Lake Cay f!oaung
COMPANY -. McScan. was aPr~zird
n the Sgprvme Coart 80 Minnesota.
whsch reversed The VcrIses of tbs lowsf
court. IN the opinion holdins ihas
on employed simply a. an aErai does
rot b-coul. IN iasurrr Of suCcc<s IN The
business. He do-rs not. hy rs~rriy 49,
eep,inE the employ meat. guarantee kts
principal against saCh incidental ioss~s
n NAV occur ia the coass~ III ~" busi.
n.>.: b~cause these arr sncidsnt to all
Avoca;!ons. and no ose. sy i~mplsrs;ishn
"a law. ever undertake to proisc; An
other agains, them II The principal
desire Ia hold his ag~ni liable for such
ios.S. he mus; make h.. contract OF
employment accordingly
IE>pIR-pLHTog aSp CREDITOR
~ INIT ~ ~ fAfa na-A -
formAncr ot the contract. must ~ cvr.
tain aud unconditional In faIl of tho
specific debt snd noi in part and bis
rule applies whether the Obligation -
,o 10 discharged in money or ia sfe-
cifc articles. ~ held by the SUPREME
Court o. Georgia ia the case Of Hitler
". Howell. decided on OciOhcr III The
Court said. In rendering Judgment;
The party To whom the tender = made
mus, b., able io take immediate
possession NJ the time and place agreed
on In the contract. IL no place hc
agreed On. the property must o" ear
ried Ia the person entitled la 1t q ~
siding within the STATE. unle>, from the
nature III the article or contract auoth-
er place of delivery nav be inferred II
the article. b. cumbrou, h. MAY de-
mand that the receiver appoint a con-
%yenicnt place OF delivery. and "a fall
ure 10 do 80 the tender viii De- COM
observation-disclosures.
GOOD WILL or A nUsiSIS>-RIGurs op
yESpoR PURCHASER
The recent decision uf the English
Court of Appeals. in the cas-. of Pear
son ~. Pearson. involving the sale oi
a business and the good viii thereof.
will have an important bearing Oh
similar cases in the United States. la
the final decision 10 was held that IN
the absence Of any special agreement
when a person sells the good VIII of
his business. the purchaser alone has
the right 10 represent that IA" j. carry
Ing ON or has succeeded tn that hu-i-
ness; that the seller may set up u SINH
lar business in the same neighborhool
or elsewhere. and may not only pub
licly advertise il. but also solicit and
deal with his former customers; but
such business must not be- carried on
under the old name or style. and the
seller must not represent that he j.
carrying on or continuing the business
which hc mas sold.
ACTING FOil DECEIT-ISTESTioS.
False representations do not amount
10 "A fraud at law in such ease unless
they be- made with "A fraudulent intent.
course. TAI constitute a fraudulent
intent il - not necessary that the party
knew them to bc false. Tbs, intent To-
deceive may be shown in either of three
ways: l. That the party knew his
statements To b. false: or ?. that, hay
inc no knowledge of their truth or
falsity. he did no: b-iicvc them to b.
true; or 3. that. having no knowledge
of them. Lc Vet represented them Ia bc
true To- his W knowledge. In the first
ease there would h. n knowingly false
assertion a. to the facts: in the second
a. a. L.. H. - = u. Ill A.
his knowledge of IN. fact. and in each
ease the Intent 10 deceive would b. "a
necessary inference. Supreme Court
of Minnesota. Humphrey -. Merriam.
CoSTEACT-MUTrALirY.
The case of the National Furnaces
vs.. Keystone Manufacturing
appealed To the Supreme
of Illinois involved the mutually
Of a contract for pig-irnn. the court in
its decision holding tina; "A contract be-
tween a manufacturer 81 pig-iron and
another who il engaged in "a business
requiring the Use of that article. that
the former will supply ~ the latter all
the pig-iroA which be should need. u~e
or consume in his business during Tn.
then ensuing season of such business. !
fixing the limit of time. such amount
supposed by the parties about a certain
quantity. j. not wanting ia the
Of mutuality. III. buyer i a.
much bound to procure from the seller
all the pig-iron he should need IN hi.
business during the stipulated time 40
the seller j. 10 furnish IL.
FALSE OBSERVATION-DISCLOSURES
In the recent case Of Cain ". DIcken-
involving false representations. the
Supreme Court Of New Hampshire rem
dered an opinion that where n pur-
property under false r~cpresuia-
a. To his ability to'pay for u, the
OF a note for the property. and q
part payment. will no, defeat an action
BY the vender upon the false representa-
tons when the receipt ~ the money -
by the statement That u
will not be- received il IL j. % b. regard
ed a waiver. The plaintiff. however.
nav be required To surrender The note
taking judgment for his am
ages
NEsr.
A note executed To hubbard and wife
for the purchase price OF the ~ftes
land canno; b. reached By an attaching
creditor 81 the husband unless y ~as
provided in the conveyance. or the 90
Of purchase that the ProFa
Of the land should not belong 70 ms
wife. The fact that the mote va. made
PAYABLE To the husband and wife does
in the view 81 the colrt. ai'cafe
hat IL was 10 BE- the husband s-.ous-
eau e, al. ". Flowers, adm r >uprefns
Court Of kentucky.
,~.,rrv DIED a. A MORTGAGE J