place of the delivery, a compulsory non-suit
was properly entered.
-FRANK PURE FOOD CO., V. DODSON CANNING
CO., 73
Insolvency Goods delivered to re-
ceiver-Sales-Passing of title-Deliv-
ery to carrier-Act of May 19, 1915.
Where goods are delivered to a carrier
prior to the insolvency of the buyer and the
appointment of a receiver for the buyer, and
thereafter come into possession of the re-
ceiver, and the seller has not availed himself
of section 19, rule 4, paragraphs 1 and 2, of
the Act of May 19, 1915, P. L. 543, 548, to
stop the goods in transitu, such goods are a
part of the assets of the insolvent buyer, in-
asmuch as the title to them passed on deliv-
ery to the carrier.
-IN RE HESSEL, RECEIVER, 96
SCHOOLS.
Sales Act of May 19, 1915, P. L. 543 Schools- -Compulsory attendance-
-Passage of title of goods to be manu- Free transportation Suitable shelter.
factured in the future-Executory con-
tract Measure of damages
performance.
Where personal property of a certain de-
scription is purchased but not identified or
selected from a mass of the property of the
vendor, the contract is executory and incom-
plete and the title to it remains in the ven-
dor.
An agreement to sell future goods is exec-
utory, and does not pass the title, although
couched in the present tense, and the title
remains in the vendor until the goods are as-
certained and set aside by the act or con-
sent of both parties.
The general rule is that the measure of
damages for a refusal to accept salable
goods, where the title has not passed, is a
difference between the contract price and
the market value of the goods at the time
and place of delivery.
He who would exact specific performance
from another, must be in no default, there-
fore, in an action on a contract for the pur-
chase of goods in cans with labels thereon.
tender of the goods in unlabeled cans
held not in compliance with the contract, and
the plaintiff could not recover.
In an action on a contract for the pur-
chase of goods, then not in existence, where
the vendor, after the purchaser had given
notice of his intention not to accept the
goods, delivered the goods to a warehouse
and brought an action for the contract price,
and not having averred or proven the dif-
ference between the contract price and the
It is the duty of a school board, under Sec-
tion 1408, of the School Code of 1911, as
amended by Section 4, of the Act of May 20,
1921, P. L. 1038, to furnish to school children
residing more than two miles from a school
house free transportation, and also to provide
proper shelter for them at the point on the
public highway to which school children come
from a dwelling house situated off the high-
way. A wagon shed used for the accommo-
dation of wagons and farming implements
and in actual use for that purpose is not a
safe or suitable place for refuge in cases of
inclemency, and cannot be said to be such
proper shelter as is contemplated by the Act
of Assembly. The shelter need neither be
elaborate nor imposing, but it should be safe
and sanitary, and consistent with the health,
comfort, convenience and safety of the chil-
dren, and commensurate with the funds of
the district available for that purpose.
-COMMONWEALTH V. GRZYBOWSKI, 123
Declaratory judgment-Act of June
18, 1923, P. L. 840-Schools-Right to
use balance of bond issue for payment
of current expenses.
-PETITION OF DUNMORE SCHOOL DISTRICT
FOR DECLARATORY JUDGMENT, 80
Elections Township school board --
Certificate of election-School Code, Sec.
222-Quo warranto.
-COMMONWEALTH EX REL WOLFE V. LE-
VAN, 132
SECRETARY OF BANKING.
Equity Jurisdiction Demurrer
market value of the goods at the time and Bill to enforce personal liability of stock-
holders-Filing and recording of certifi- the act should be liberally construed and ap-
cate of taking possession of bank-Bank-plied so as to render it effective.
ing Act of 1923-Secretary of banking, The Act of Congress of March 8, 1918,
powers, &c.-Appointment of secretary known as the Soldiers' and Sailors' Civil Re-
of banking questioned collaterally-Tak- lief Act, which provides that the period of
ing possession of bank_without hearing, military service shall not be included in com-
&c.-Administrative Code of 1923 is
constitutional.
puting the period limited by law for the
bringing of actions by or against persons in
the military service, is constitutional, and is
applicable to cases in state courts.
This act applies not only to cases in which
the limitation is statutory, but also to cases
- Non-in which the limitation is fixed by contract
between the parties.
-LEONARD SEED CO. V. LUSTIG-BURGERHOF
CO., 8
Pleadings Foreign judgments-Pre-
sumption of residence-Service of pro-
cess-Act of April 14, 1851.
-WEINSTOCK V. PENNSYLVANIA RAILROAD
CO., 105
Construction of statutes-U. S. Sol-
diers' and Sailors' Relief Act of March
8, 1918-Limitation by contract of time
in which to bring action is effected by
Soldiers' and Sailors' Relief Act.
Practice, C. P.-Partnership-Service-WEINSTOCK
-Judgment-Transcript-Jurisdiction.
-FRISBIE LUMBER CO. V. KRATZER, ET
AL., 194
-WEINSTOCK V. PENNSYLVANIA RAILROAD
CO., 105
Stolen goods-Banks-Bonds stolen by
assistant cashier-Notice of fraudulent
acquisition.
Practice -Sheriff's interpleader -
Statement Act of May 26, 1897, P. L.-PETITION of York Lodge of moose, 185.
-SPRECHER ET AL., V. KENNEDY ET AL., 191 SUPERVISORS.
Public Officers-Supervisors - Fur-
nishing own teams - Criminal law.
-COMMONWEALTH V. McCOY, 42
Slander -- Damages - Costs-Act of Road law-Act of March 31, 1860.
The act of March 27, 1713, provides that a
plaintiff in an action for slander cannot re-
cover more costs than the amount of the
Defendant's appeal-Striking_off_ap-
verdict, yet, under the practice in Pennsyl-peal-Attorney at law as surety—Rule
sonal property and real estate I possess at
my death as long as she remains my widow;
she shall pay all just claims that I owe.
appoint her sole executrix."
184, with respect to the material supplied
by him in the execution of his contracts, or
in the installation of plumbing or of heat-
ing plants upon order, or in his repairs to
The will gives to the widow a defeasible plumbing or heating systems; but he is a
estate and in case of death without re-mar-
riage an estate in fee simply; the widow
having been devised an estate which ripened
into a title in fee simple, the same is there-
fore liable for the transfer inheritance tax.
-ESTATE OF SIDNEY E. GRIFFITH, DECEASED,
32
dealer within the meaning of said Act as
to the goods, wares and merchandise sold in
his shop and, if such sales exceed the "sum
or value of five hundred dollars per annum,"
the total amount of such sales is taxable,
as provided by the Act 9 April 1870, P. L. 59.
-MILLER'S APPEAL, 202
Decedents' estates-Collateral inheri- TRESPASS.
tance tax on life estate.
The collateral inheritance tax on a life es-
tate is payable by the trustee out of the prin-
cipal of the fund, but must be restored to the
fund out of the first income received.
-WANNER ESTATE, 62
Taxation-County taxes-Assessment
Practice-Trespass-Plaintiff's state-
ment-Affidavit of defense not required
Motion to strike off, when too late,
service of copy.
-PRENTZEL, TRUSTEE V. SNYDER, 25
Practice Act of May 14, 1915, P. L.
-H. W. MUSSER V. WATT & SHAND, 176
-Appeal-Uniformity of assessments 483-Trespass-Set off-Counter claim.
--Statutes Construction-Taxation-
Act of April 19, 1889.
Appellant's property was assessed for VACANCIES.
county purposes at $100,000. On appeal to
court, on refusal of the county commission-
ers to lower the assessment, the evidence of
its value ranged from $50,000 to $135,000.
The ratio of assessment to value on other
properties in the same locality was shown
to be from 30 to 60 per cent. Held, that the
fair value of the property was $100,000, and
that the assessment should be reduced to
$50,000, in view of the rule that assessments
must be uniform.
The Act of April 19, 1889. P. L. 37, con-
cerning appeals from assessments for county
purposes, provides as follows: "That any
owner of real estate or taxable property in
this Commonwealth, who may feel aggrieved
by the last or any future assessment or val-
uation of his real estate or taxable property,
may appeal from the decision of the county
commissioners." Held, that appeals lie not
only from the regular triennial assessment,
Appointments by the court to fill va-
Political affiliations of ap-
It has been the rule for upwards of forty
years in the Nineteenth Judicial District to
fill a vacancy of an elective office by the ap-
pointment of one of the same political per-
suasion as the immediate prior incumbent;
and this rule was followed in the appoint-
ment of a township tax collector, where the
fitness of the applicant within the rule was
unquestioned.
-IN RE TAX COLLECTOR IN SPRINGETTSBURY
TOWNSHIP, 77
Criminal law-Indictment-Informa-
tion-Variance between information and
but also from assessments in intermediate indictment-Fortune telling.
Kister's Petition, 9 Dist. R. 64, not fol-
lowed.
-COMMONWEALTH V. DICE, 41
-MEINIG V. MILLER ET AL., COUNTY COM- between oral and written verdict-Erron-
eous verdict-New trial.
-MERRITT ET AL V. BECKER, 147
VENDOR AND VENDEE.
Vendor and vendee-Contract-Sale
plumbing and steam heating is not a retail of land - Recovery of hand-money
vender of or dealer in goods, wares and mer-
Affidavit of defence-Failure of per-
chandise subject to the annual tax upon the
formance.
gross volume of business transacted under
the provisions of the Act 2 May, 1899, P. L.-SCHUMAN V. BARRY, 66
Practice, C. P. Counter claim
Waiver of tort.
-FREY V. LEHIGH VALLEY SHOE CO., 86
Conversion of bailed goods-Assump-
sit-Waiver of tort.
-DONOVAN CO. V. TROUP MUSIC HOUSE, 203
* the issue of such grandchild to take his
parent's share by representation."
-BUCHER'S ESTATE, 17
Wills-Executors and administrators
Power of testator to substitute.
When a will is properly proved and an ex-
ecutor is named therein, if of age, the regis-
ter has no discretion but must issue letters
to the appointee of the testator.
A testator has the right to provide for a
second executor in case of the death of the
first one and his rights must be respected.
-ESTATE OF DAVID CRANDALL, DECEASED, 70
Will—Ademption of legacy given for
Where a testator is not the parent of the
legatee or does not stand in loco parentis, no
presumption arises that a prior legacy is sat-
isfied by a subsequent payment or gift; but
Judgments-Opening and letting de- when a legacy is given to a stranger for a
fendant. into a defense-Warranty.
-STOLL V. KUNKEL ET AL, 1
WARRANT OF ATTORNEY.
Judgments-Rules to strike off-War-
rant of attorney-Appearance of attor-
ney-Declaration-Act of Feb. 24, 1806.
-UNION ACCEPTANCE CO. V. GRANT MOTOR
particular purpose and the testator subse-
quently makes a payment or gift to the lega-
tee for the same purpose, such payment or
gift is presumed to be a satisfaction of the
teracy to the extent of the amount of the
-APPEAL IN ALEXANDER'S ESTATE, 76
Wills-Widow taking against will-
Rights of legatees.
Where a widow takes against a will, and
her claims against the estate have been sat-
isfied, it is the duty of the court to dispose
Wills-Widow taking against will of the balance in the estate as nearly in ac-
Rights of legatees.
-BROWNBACK'S ESTATE, 106
cordance with the provisions of the will as
is possible under the particular circum-
stances of the case.
-BROWNBACK'S ESTATE, 106
Inheritance tax-Will-Defeasible es-
tate in fee simple-Remarriage of widow
Decedent's estates-Widow's exemp-
tion-Fiduciaries Act 7 June, 1917, Sec--Which estate liable for payment?
tion 12 (a).
Decedent's estate-Competency of wit-
ness-Widow's exemption, payable to her
executor-Practice.
-ESTATE OF SIDNEY E. GRIFFITH, DECEASED,
32
Decedent's estate-Competency of wit-
ness-Widow's exemption, payable to her
executor-Practice.
-MEADS' ESTATE, 117
Wills-"Issue" does not include an WITNESS FEES.
adopted person.
Costs-Divorce-Witness fees-Hear-
"Issue," when used in a will, prima facie, ing before master-Appeal.
means heirs of the body.
An adopted daughter of a son of a testator
is not entitled to participate in a distribution
made under the following clause of the tes-
tator's will: "the proceeds thereof [shall be]
WORKMEN'S COMPENSATION.
Workmen's compensation-Power of
court on appeal-Evidence to sustain
findings-Res gestae--Compensable in-
jury.
On appeals from the Workmen's Compen-
sation Board, the revisory powers of the
courts are limited to a determination of the
question whether there is evidence to sup-
port the findings, and whether the law has
been properly applied to them.
Where one was employed for a season's
woodcutting, although he was killed while at
work very soon after he began work, his
employment was not casual in character so
as to exclude him from the provisions of the
Workmen's Compensation Act.
-ZUMBRUM V. RUDISILL, 81
Workmen's compensation-Review of
Where the findings of fact by the referee testimony on appeal-Sufficient evidence
to sustain findings of liability.
and the Compensation Board are based on
evidence which leads to a reasonable infer-
ence supporting the findings, they will be
sustained.
Statements made by the injured person
while his injuries were being dressed were
properly admitted as part of the res gestae.
An injury, to be compensable, need not
arise out of the employment, it need only oc-
cur in the course of it.
-FALKER V. AMERICAN CHAIN CO., 53
The appellate court will review testimony,
on an appeal from a judgment affirming an
order of the Workman's Compensation Board,
with the sole purpose of ascertaining whether
evidence appears which justifies the findings
made, and, if so, whether the law has been
properly applied.
Where a workman when about to quit his
work told his foreman of an injury he had
sustained while at work and showed an in-
jured finger, and where the testimony tended
Workmen's compensation Persons
engaged in agriculture-Casual employ to show that his work was such that it was
An owner of a farm, occupied and culti
vated by a tenant, who employed men to cut
timber on the farm for sale and not for use
for farming purposes, was not within the
provisions of the clause of the Workmen's
Compensation Act excluding persons en-
quite likely that an injury like that complain-
ed of might occur, and that he later died
"as the resuult of septicaemia following the
injury," notwithstanding evidence that the
finger was scratched before he went to work,
there was sufficient evidence that the injury
occurred in the course of decedent's employ-
gaged in agriculture from the provision of ment and that it was the cause of his death.
the act.
-AMERICAN CHAIN CO.'S APPEAL, 181
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