The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-06-15

~. A ", Campben writing from
WEBSTER Groves, Mo-. under date OF
Ju ~. sends - this once thu follow
ans questions and answers accompanied
81 ~ following note OF explanation In
Fea thereto. he says; y have a
IslSer Gor one OF ny neighboFs out
hoIl, with whom occasionally spend
an mar or two. he = not only a
pfu lplnt member OF the st. Louis bar.
bul q his home ne Is man Of letters,
q lditiculturiPt a botanist and a nat
ufullSt. generally, and as such delights
d ~ ample grounds. his lawn, his or
chtFd, his Fars shrubs and plants and
hl5 particularly beautiful flower gar
den. Last night found him at work
on anne graduation papers submitted
% lin By che law department Of Wash
indfon University. Of 81. Louis, for an
au1d - 10 thalR relative inertia. He
ha1 Dune orr several Of them and al
dxad his rating thereto. One particu-
lar papar-the one send you herewith
had aroused his enthusiasm. The
young fellow who gOt Up these answers,
whoever he may be. Is o lawyer right
now, said my neighbour. As he passed
4 over TO me for my reading, he FUR
Their remarked as follows IN reEOrd 70
IT. These papers, as YOU see, are all
ANONYMOUS as far as the committee OF
award Is concerned, and are only deslg-
mated by their respective numbers The
ons you have IN your hand Is number
three. They were all prepared in the
class room, Ia two hours or less time,
~ anSRef 70 list Of twenty unknoWa
Questions submitted by the dean OF
the 1nEulty. and under his eye. 50 TINT
virtually they are e1tempors prOduc-
lions. Such an environment Is not the
most favorable in the world for cool
and collected thinking. and a young
fellow who under such circumstances,
onsWeTS such series OF questions, Is
not an ordinary sort OF person, and will
81 heard from In Ahe profession. You
have a your hand number three.
Who be may be know not. but want
YSl 60 notice the good shape. chirog-
raphiaiiy and dramatically, In
which his paper Is gotten up, how plain,
how wen spelled and how well set out
Il =: and. more than all. please notice
that throughout the various answers
there 5 not o redundant word. Il Is
refreshing 70 read something that Is
EneatY. 6nd not WCEdy. Read number
thres's'' answers and tell me what you
think Of the paper as q whole. for q
young fellows off-hand production.
saThug appealed toby my DISTINGUISHED
6eighbor, could OF course (WTites Mr.
CT do no less than sit with him in the
case. and 90 over the particular paper
submitted for my inspection. After
boxing It over announced that felt
oblIged TO coincide IN the finding Of the
court, as 20 the high grade OF the paper
ana as q mark OF my appreciation OF
the honor Of having been eonscTipted
into the cousmittee, as well a. N com
pIimeRt 10 the unknown young author
81 ne paper. remarked that ] would
6end K on to the Wheeling Intelligent
cqr for publication. so that all the e1n-
brvo BllciStoues IN West Virginia might
nave an 0ppoTtuultY to size themselves
a. BY the standard Of number three"
md decide each one for himself as 70 Its
iaeFit1 a an ofG-hand examination pa
The questions submitted to the ST.
Louis class Of forty. (of which each
candidate was given q copy), were un-
der the heading OF contracts, coumer-
ciai paper. sales and ballments, and
read as follows"
ouestIon-Defiue a contrnct
Answer-A contract Is an agreement
between two or more persons, either
expressed IN fact or implied by law, TO
iio or refrain from some lawful thing
which the law will enforce; being eith-
ef executed, or given under SEAL or
reduced 70 a judicial record. or accom-
panied bV a valuable consideration,
TWo-HoW would you prove a
composltion agreement between a debt
OF and his creditors, to accept In cash
less than the face OF their respective
debtH IN full satisfaction thereof. so as
"a show q suficient consideration on
ltg face, and mako 4 valid and binding
lipon those creditors executing It?
Answer--I would frame the agree
fnent so as 10 show that each creditor
hnB agreed to accept less than the face
az his debt In confederation OF the 9th
a creditors doing likewise. AS gen
erai rule a sum OF money 10 not n con-
alteration for a larger sum. since all
values are expressed therein. and Euch
4 transaction would on Its face, appear
contrary TO what the law nas declared
But IN an agreement Ike the ABOVE tne
FFomise Of each Is cOngideted conald-
ePnfIoYf for that OF the others, 10 which
Il added the fact that no creditor could
Forci tai the others by proving hts
claim FIRST and getting his debts paid
n full 10 the harm Of those less
diilaent, which fact 70 in itsels consld-
era ton for the agreement
Three-Is a consideration an es-
Gentlal element OF every contract? II
NOT, state the exceptions to the rule.
Answer--It might be said generally
that q consideration Is an element or
every contract, but that In exception TO
this a consideration Is Fometi.ncs pre-
eunied by the law, and sometimes tho
fact Of consideration cannot be inquir-
"a into. Thus where contract IS eX-
seute6 the fact OF consideration Is Inn
material. Where a seal Is used the sol-
otnnity OF the act imports consldera-
zion: in the case of a judicial record. or
4 contract implied By law, the law I'M
niles the consideration; and In negol-
sbIe instruments conBldcra ton is com
cIuslypIy presumed as regards third
Fourth-what is the distinction be-
tween a void and voidablc contract?
AnsweT-A void contract " absolute
~ without effect and can be challenged
nv any one. A VOidablc contract IS 20
only al the option OF the party Imposed
upon; he may elect to consider u good,
md until he does avoid II the contract
Sbie contract must be lisanirmcd be-
Sore tho rights OF innocent third parties
have INTERVIEWED, but void contract
tJ FjfthSwhat contracts, or come
,ote. or memorandum thereof, must be
IN writing TO be Wild within the statute
AnsWer-By the fourth section OF tho
v4ottite OF frnuda all contracts OF exec