The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-05-13

Breach of Contract-Bride's Trousseau.-
Damages are recoverable for deprivation
of intellectual enjoyment and for mental
suffering resulting from the breach OF a
contract In computing such damages for
the breach of a contract OF a fashionable
millner to furnish the dresses for the trous-
seau of bride of wealth and high social
standing. the court will take into consid-
Grafton not alone the disappointment of the
bridge in not having the dresses in time
for the wedding. and her modification and
humiliation In going to her husband I'M
provided with a suitable trousseau, but
also the fact that entertainments had been
planned in her honor on her wedding tour.
and at her arrival at the home OF her hus-
band, which entertainments she would have
to forego for want of the dresses. [34
Southern Rep. Louisiana, Judge Pro-
vosty), Co..
Sleeping Caps-Loss of Goods
A passenger who occupies the smoking
compartment of a sleeping car, under a
special arrangement with the porter In
charge of the car, and who retires for the
night with knowledge that one of the win
dows of the compartment is Open is not
guilty of contributory negligence which
will preclude his recovery for the loss Of his
left open at his request. And even il
the window was left open at his request,
he will not be precluded from recovery un-
through the window from the outside. T73
Southwestern Rep. missouri, Judge Smith.
2s2.l
Oral Land Contracts-Part Payment
A contract for the sale of land. to be
valid must be in writing. An agent
tered into and signed a contract for the
sale of land without written authority from
his principal, and received from the pur-
chaser a small check. made out 10 the
principal, and bearing a subsequent date TO
that of the contract. This check the agent
attached to the contract and forwarded IL
to the. principal, who Endorsed II and re-
tanned the money Held, that the check
did not constitute part OF the contract so
as to make ii binding when Endorsed by
the principal. ia Southern Rep. alabama.
Judge TYSON. 81.
Accident Insurance-Excepted Accidents
Under policy of insurance against the
effects OF bodily injury caused solely by
external. violent and accidental means.
wherein 1t is provided that the insurance
resulting from any poison or infection, or
from anything accidentally or otherwise
can be had for injuries resulting from e IN,
ufamation OF the eyes In consequence OF
accidentally coming In contact with poi
son ivy. whereby the irritating poison
Rep. tFlorida. Judge Taylor) 10o5l
-Railroads-Loss OF Passengers Money
Money carried by passenger on a rail-
road train for use In purchasing a bus
mess, and not for travelling expenses. is
not baggage, for the loss of which the rail-
road company would incur a carriers la
bility. Where a passenger on a railroad
train keeps her money In her possession
and under her control. and IL is lost, or stol-
en- by a porter. when left momentarily
by her window sill of the car, the
company cannot be held responsible ia
Atlantic Rep. Mass. Judge Hammcad),
s05.l
-Oficers-Pay-Discha
The question whether army officers who.
on their own application, have received
discharges when distant from home are en-
titled to travel pay and Communication for
subsistence was involved in the case or the
United States VS. Sweet The question was
decided in favor of the officer in the Court
has been reversed by the Supreme Court
at Washington which holds that the long
established custom of the War Department
should not be overturned.
Place of Performance of Contract for
Services
In Cook VS.. Todd. II was held that where
contract between the master and sery-
ant is silent upon the question as 10
where the services are to be performed.
the presumption Is that they are to be per-
formed I'm the State where the contract is
celebrated. And IL was further held that
oral evidence is admissible to show any
agreement which the parties made with
reference to the place of perfo. nance. as
such testimony would not contradict the
terms of agreement. the contract being 81
lent on the question. 1t appears from the
case that the employer moved his busi-
ness TO another State after the contract
was made. and the employe refused to go
cover the stipulated salary. [72 Southwest
ern Rep. kentucky, T99.
Assault and Battery-Joint Defendants
IL plaintiff entered a store. in which de-
PENDANTS kept a postoffice and general store.
10 inquire about car he hac ordered. and
one of the defendants called him liar and
a thief. and told the other defendant. who
was the postmaster, 10 throw him out.
which the latter Immediately proceeded TO
do, the defendants would be jointly liable
TO- the assault. IA Atlantic Rep MARY
land. judge PearceD. 5l2-]
-Telegrams-Feilure to Deliver
The relation between a wife and her hus-
bands uncle was not 20 remote to pre-
Guide her recovering damages for mental
anguish caused by the failure of a telegraph
company to deliver to the uncle telegram
sent by her announcing her husbands
the place OF parent 10 both husband and
wife. li3 southeastern Rep. North Caro-
| lima, Judge Walker), Sal
Real Estate Agent-Autho-ity-
A broker who has an exclusive right
for sixty days TO sell. al a fixed price. GER
tain real estate. cannot bind his princi-
pal by "A contract In which the time for
completion OF the purchase and the pay
ment OF the price Is extended thirty days
after the expiration OF the sixty days "a
Atlantic Pep. (Pa., Judge Potter. fss
Intoxicating Liquors-ulegal Sale
Where a clerk OF a registered pharma-
cist was directed by his employer. who was
present at the time. TO deliver intoxicat-
| ing liquor 20 customer. on a physicians
prescription. sale made was a sale by
bic 10 prosecution therefor. RS South
xxaeferu Rem Missouri Iudsa f.<ea.l =