The Portland daily press., 1900-04-17
LAW COURT REsCRIrTs.
Decisions OF ceurs In Three Interest
ing Cases.

The following rescrIpts were received
yestsrday;
Gum hf riand, 90.
Levi urcsnleaf W. A. y. Gerald.
Rsscript BY wiswell, The question
WHISTLER or mot false representation IN
msterial, WHISTLER &c bs relied upon By .
plni7tiff TO support an action for dscsit.
or By defendant to avoid . contract be-
Gauss Of deosit. 10 one Of Law for tine
court, not OF fact for the jury.
The defendant entered into contract
relating to work to be published. en-.
titled "Men of Progress" providing for
the puhlicasion or his portrait and bic
graphical sketch therein, the delivery 70
him Of one copy Of the work. and for bis
payment therefor upon the issue Of the
part oontainine. his portrait and sketch.
In an sction By the assignee Of the pub
Usher to recover the amount which the
defendant had agreed to pay, the latter
contendsd that the contract was void be-
tauss be was induced to execute II BY
means Of f.,ss and material representa-
ton a. 70 the character Of the work
which WAS to BE- PUBLISH made by the
agent Of the publisher at the time Vi the
execution Of the contract. and that such
false and material representations vera
relied upon By him.
The defendant introduced evidences
tending to prove that the agent OF the
publisher, who obtained his subscription
for this work. represented 70 him at the
time that only three other residents OF the
town In which the defendant lived would
be solicited 70 be subscribers to this work
and to have their Biographical skstohe 8
and portraits published therein. And al
O., that the portraits and sketches OF only
three hundred persons In all would be
publishe d.
Held; that those representations re-
spsotina book OF this character to %
published were material. that II all Of
the other necessary elements were proved
to exist, contract induced thereby could
not be enforced, and that 1t was not e
instruct the jury a. requested. that thes'
representations wsre material.
Exceptions sustained.
YORK COUNTY CASES.
York, %.
Charles b. Moslsy and Charles l..
worthing, spita W. York shore Wats'
company.
kesoript by wiswell, 1.-THE Yerk
Shore Water company WAS authorized BY
its charter, s;te take, hold, protect and
ore the water Of Chase's Pond" for i'll
" ,ter supply, and to "taks and toid by
purchase or otherwise, any lands, or otheI
real estate necessary for any of the pur-
p ,ses Aforesaid, and for the pre- ootier> o.
the watershed Of said Chass's Pond. "
Adsq uats provision was made BY tha
charter for the liability Of the corporation
to pay all damages sustained BY any rs;'
son BY the taking Of property, and Tor th'
assessment Of such damages.
Held that this grant Of the power to 81
ercIss the right Of eminent domain. 10
not Unconstitutional, either because is
does not define the limits Of the propert,
that may be taken, or because II gives ts
the company the unrestricted right to de-
tsrmins to what extent and within what
limits IL would exercise the right Of emil
nent domain.
The directors Of the water compaD,
voted to take the two lots Of land II
question Is necessary for Its purposes II
the pIotsctioE Of the watershed Of Chase
Pond, and In the vote directed the presi
dent Of the company "to file In the offie'
Of the county commissioner for said
county Of York such plans, descriptions
csrti floats or ether document IS may b.
necessary for the purpose above men
toned"
Tha rraaidant accordinRlY did hle IN