The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1884-11-21
COMMERCIAL Law.
Brief Digests Of Late Decisions.
Compiled Especially for the Midland Indns
trial Gazette, st. Louis, No.

i
/
| Brief Disests Of Late Decisions.
Compiled Especially for the Midland Indns
trial Gazette. st. Louis. No.
COMMISSION MERCHANT-REsPoNsI
A commission merchant was EN-.
ployed to purchase grain for mill
company, his instructions being to buy
nothing but good sound wheat; he
bought what he believed to be sound
grain, but large portion proved to be
damp, and the mill company brought
suit to recover damages, and in the trial
court got judgment for amount sued
for. The case, the Lake City FIGURING
Company VS.. McVean, was appealed
to the Supreme Court of Minnesota,
which reversed the verdict of the lower
court, in the opinion holding that
one employed simply as an agent does
not become an insurer of success in the
business. He does not, by merely ac-
cepting the employment, guarantee his
principal against such incidental losses
as may occur in the course of the bust
ness; because these are incident to all
avocations. and no one, by implication
of law, ever undertake to protect an
other against them. If the principal
desires to hold his agent liable for such
losses, he must make his contract of
employment accordingly.
TENDER-DEBTOR AND CREDITOR.
A tender. to be effectual as per-
Torrance of the contract, must be GER
tain and unconditional in full of the
specific debt and not in part. and this
rule applies whether the obligation is
to be discharged in money or in spe-
cific articles. So held by the Supreme
Court of Georgia in the, case of Hitler
VS.. Howell. decided on October I'd. The
Court said. in rendering Judgment:
The party to whom the tender is made
must be able to take immediate
possession at the time and place agreed
on in the contract. If no place be
agreed on, the property must be car
ried to the person entitled to it if re-
siding within the State, unless from the
nature of the article or contract anoth-
er place of delivery may be inferred. Ii
the articles be cumbrous he may de-
mand that the receiver appoint con-
venient place of delivery, and on fail
ure to do SO the tender will be COM
plete.-Bradstreet's.
GOOD WILL OF BUSINESS OF
VENDOR AND PURCHASER.
The recent decision of the English
Court of Appeals, in the case of Pear
son VS.. Pearson. involving the sale of
business and the good will thereof,
will have an important bearing on
similar cases in the United States. In
the final decision it was held that in
the absence of any special agreement
when a person sells the good will of
his business, the purchaser alone has
the right to represent that he is carry
ing on or has succeeded to that BUSH
ness; that the seller may set up SINH
lar business in the same neighborhood
or elsewhere. and may not only pub
licly advertise it. 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 is
carrying on or continuing the business
which he has sold.
ACTING FOR DETERMINATIONS:
False representations do not amount
to a fraud at law in such case unless
they be made with a fraudulent intent.
Of course, to constitute fraudulent
intent it is not necessary that the party
knew them to be false. The intent to
deceive may be shown in either of three
ways: 1. That the party knew his
statements to be false; or 2. that. hav-
ing no knowledge of their truth or
f,1 l., a , Ill l.
true; or 3, that, having no knowledge
of them. he yet represented them to be
true to his own knowledge. In the first
case there would be knowingly false
assertion as to the facts; in the second
as to his belief, and in. the third as to
his knowledge of the fact. and in each
case the intent TO deceive would be
necessary inference. Supreme Court
Of Minnesota. Humphrey VS.. Merriam.
CoNTRACT-MUTUALIT
The case of the National Furnace
Company VS.. Keystone Manufacturing
Company. appealed to the Supreme
Court of Illinois involved the mutuality
of a contract for pig-iron. the court in
its decision holding that a contract be-
tween manufacturer of pig-iron and
another who is engaged in business
requiring the use of that article, that
the former will supply to the latter all
the pig-iron which he should need. use
or consume in his business during the
then ensuing season of such business.
fixing the limit of time. such amount
supposed by the parties about a certain
named quantity, is not wanting in the
element of mutually. The BUYER is as
much bound to procure from the seller
all the pig-iron he should need in his
business during the stipulated time as
the seller is to furnish it.
In the recent case of Cain VS.. Dicken-
son, involving false representations, the
Supreme Court of New Hampshire rem
dered an opinion that where one pur-
chases property under false representa-
tons as to his ability to pay for it, the
giving of a note for the property, and a
part payment, will not defeat an action
by the vender upon the false representa-
tons when the receipt to the money is
accompanied by the statement that i.
will not be received if it is to be regard |
ed q waiver. The plaintiff, however,
may be required to surrender the note |
before taking judgment for his DAM
ages.
HUSBAND AND wIFE-NOTE ATTACH |
MENT.
A note executed to husband and wife !
for the purchase price of the wife's
land cannot be reached by an attaching |