CENTRAL LAW JOURNAL 16. Cancellation of Instruments-Appeal and Error. Where a deed by a mortgagor to the creditor was set aside as having been obtained without adequate consideration and under undue influence, it was not error to restore the creditor to his former condition, giving him the benefit of the security of the mortgage, which was given up in consideration of the conveyance.-Boal v. Gassen, Cal., 172 Pac. 588. 17. Carriers of Goods Having contracted that amount of loss shall Computing Loss. be computed on value of property at place and time of shipment, the shipper can recover for loss from delay only the difference between such value and the salvage price, plus any charges paid.-Keeney v. Chicago, B. & Q. Ry. Co., Iowa, 167 N. W. 475. 18. Overcharge. merce Commission held that claim for overWhere Interstate Comcharges could not be considered because complaint for recovery was not made within two years from time cause of action accrued, holding of Commission must be interpreted, not as one that it had jurisdiction over claim and that it was barred by limitations, but that claim was without its jurisdiction.-United States ex rel. Louisville Cement Co. v. Interstate Commerce Commission, U. S. S. C., 38 S. Ct. 408. 19. Carriers of Live Stock-Car Shortage.A carrier knowing of a evade its obligation to furnish cars for hogs car shortage cannot where it so contracted, where it did not notify the shipper of such shortage, to the shipper's damage, by showing that it would have been a discrimination against other shippers.-Texas Midland R. R. v. O'Kelley, Tex., 203 S. 152. Negligence. W. 20. Carriers of Passengers Breach of carrier's obligation to passenger with resulting injury stands on different plane than one arising from injury by mere negligence, and by reason of the special and personal obligation growing out of rier's conduct injuring only feelings and sensithe relation, carbilities of passenger is actionable.-John's v. Baltimore & O. R. Co., W. Va., 95 S. E. 589. of 21. Res Ipsa Loquitur.-The doctrine res ipsa loquitur, as applied to the sudden starting of a passenger coach, warrants or authorizes an inference or assumption that sudden starting was due to negligence of those controlling train, but does not compel such inference or presumption.-Williamson v. Salt Lake & O. Ry. Co., Utah, 172 Pac. 680. 22. Commerce-Employes.-An electrical engineer employed to instruct railroad motorman in interstate business was engaged in interstate commerce within federal Employers' Liability Act.-Dumphy v. Norfolk & W. Ry. Co., W. Va., 95 S. E. 863. 23.-Foreign Corporation.-Act May 13, 1907 (Laws 1907, p. 744), prohibiting foreign corporations from doing business in the state until certain regulations have been complied with, does not apply to foreign corporations engaged in selling goods in interstate commerce.-W. T. Rawleigh Medical Co. v. Rose, Ark., 202 S. W. 849. 24. Original Package. in the original packages come Where cigarettes hands of a dealer whose custom has been, and to rest in the 87 whose intent is, to break the packages and sell them, they are no longer interstate.commerce, and are subject to seizure under Code, § 5006, and Code Supp. 1913, § 5007a.-State v. C. C. Taft Co., Iowa, 167 N. W. 467. 25. Safety Appliance Act.-In view of the federal Safety Appliance Act of March 2, 1903, mere fact that car at moment of injury was not engaged in preclude recovery, where railroad was engaged interstate commerce did in interstate commerce.-Texas & P. Ry. Co. v. not Sprole, Tex., 202 S. W. 985. 26. Contracts - Evidence. order, that posts be reset with foundations inChief engineer's stead of on floor of tunnel and his blueprint of such work, met contract requirement that extra work must be done on written order.Lantry Contracting Co. v. Atchison, T. & S. F. Ry. Co., Kan., 172 Pac. 527. 27. Corporations-Charter. The word "etc." in a corporation's statement of corporate purposes held not to include the right to purchase and sell realty.-State on Inf. of Haw v. Three States Lumber Co., Mo., 202 S. W. 1083. to 28. Foreign Corporation.-Where defendant gave order for machinery to a third person, who without authorization transmitted it foreign corporation, and after the machine arrived defendant agreed to and did give a new order "on the terms stipulated in the original order," there was a ratification of the interstate contract which permitted recovery by the foreign corporation, although it had received no permit to do business within the state.Dempster Mill Mfg. Co. v. Humphries, Tex., 202 S. W. 981. 29. -Insolvency.-In corporation insolvency proceedings, where court has made order for redelivery of property to seller thereof on condition of surrender of unpaid notes, corporation's receiver has no power to modify such order by allowing seller to without surrender of notes.-Hanson v. Chicago retake property & L. S. Ry. Co., Wis., 167 S. W. 450. 30. False Representations. damages for false representations corporate stock value at time of transaction and what it would is difference have been worth at time of transaction if representations were true.-Sankey v. United Mercantile Agency, S. D., 167 N. W. 493. Measure of concerning between actual 31. Ratification.-Where corporation's note was issued without its authority or knowledge, by its president and secretary in lieu of president's personal note, and act was not ratified by corporation, and payee know that corporation's consent thereto was presumed required, corporation was not estopped to defend for illegality and lack of consideration.Hoffman v. M. Gottstein Inv. Co., Wash., 172 Pac. 573. to was 32. Ultra Vires.-A brewery company cannot defend against its guarantee of a lease on ground that its vice-president had no authority to execute the same, where consideration for guaranty was lessee's renting part of premises for saloon selling only defendant's beer, which was carried out in good faith.-Standard Brewery v. Creedon, Ill., 119 N. E. 581. 33. Curtesy-Husband's Estate.-Where hus- 34. Married Woman's Act.-Where the hus- 35. Damages - Earnings. 88 CENTRAL LAW JOURNAL 38. Deeds-Reverter.-Although a deed to a daughter and heirs of her body provided that, in of death of daughter without issue, to grantor or his heirs, lands should revert grantee's only son became vested with a fee on reversion attempted her death, making grantor or his heirs of no effect in view of Rev. St. 1909, § 2872, abolishing estates tail.Elsea v. Smith, Mo., 202 S. W. 1071. to 39. Easements-Parking Automobile.-Where owner granted part of a tract to plaintiff, reserving to himself, heirs, and assigns the right of "using and occupying" a certain strip "as a street,' a grantee of a lot on the opposite side of such strip, running a garage, is not entitled to park automobiles in, or otherwise obstruct, such strip, which is being used as alley by plaintiff.--Alexander v. Auten's Auto Hire, N. C., 95 S. E. 850. an to recover 40. Eminent Domain-Estoppel.-Landowner, for condemnation money entitled to warrant and submitting to county board the question whether he or his grantee was entitled to warrant, after its delivery of warrant to grantee, was estopped from suing board amount of warrant.-Lillard v. Board of County Com'rs of Johnson County, Kan., 172 Pac. 518. 41. Estoppel-Reservation of Rights.-Where defendant sold plaintiff land to which he had no title and reserved the mineral rights, and plaintiff afterwards bought from the owner and sued defendant for claiming mineral rights, defendant's plea of estoppel, based on declarations in defendant's deed reserving mineral well founded since plaintiff rights, held not was not claiming under title conveyed by defendant. Wilson v. Pierson, La., 78 So. 561. of 42. Explosives-Injury to Child.-Owner business mining marl near station and town, who maintained unlocked shed in which dynamite caps were stored, around which children were seen playing, and to which path led from road, was liable when seven-year-old boy took dynamite caps and was injured by explosion.Krachanake v. Acme Mfg. Co., N. C., 95 S. E. 851. the pefixed -its 43. Fish-Clam Beds.-Because of culiar characteristics of the clam habitation when imbedded in the soil-clam beds of private ownership, become subject may grantee by conveyance from which passes to state of tidelands in which beds are located.State v. Vlack, Wash., 172 Pac. 563. 44. - Fraud-False Representations.-The seller's representations as to net income and value will the purchaser's being untrue, of good measure of damages was the difference between the net value of the business as it was and the net value of the business as it was represented to be, and in addition thereto the value of the as represented.will of the business good Stanton v. Zercher, Wash., 172 Pac. 559. Where Entirety. and WifeHusband 45. wife holding property by the entireties with her husband signed a mortgage, she is a principal with her husband if the consideration is incumbrance applied to the discharge of an resting on some apparent foundation, and where she has exercised her judgment she cannot be relieved because disappointed in the result.-McKay v. Corwine, Ind., 119 N. E. 471. Where of Estoppel. 46. Frauds, Statute land is conveyed by a warranty deed containing no reservations, but grantor by parol rehouse sold a remove the right to grantee prior to the convevance. serves to is not estopped to assert the statute of frauds, where his promise to permit removal of house was not made with fraudulent intent.-Robbins v. Winters, Tex., 203 S. W. 149. 47. Gaming-Gambling Device. A slot machine; in which one places a nickel, works a and, accordlever, gets 5 cents' worth of gum ing to the number on which the indicator stops, none or froin 2 to 20 chips, good in trade, is a gambling machine, within the prohibition of Ky. St. §8 1960, 1967.-Commonwealth v. Gritten, Ky., 202 S. W. 884. A punch board 48. -Gambling Device. worked by buying a post card for more than it is worth, punching any of the covered holes, and getting merchandise varying in value, or nothing, according to the number in the hole, and on a corresponding schedule, is a gambling machine, within the prohibition of Ky. St. §§ 1960, 1967-Commonwealth v. Gritten, Ky., 202 S. W. 884. liability 49. Highways-Obstructions.-The of owner of land abutting on a highway by prescription or sufferance for obstructions or other damages to travel is generally confined to beaten or traveled track.-Rozell v. Northern Pac. Ry. Co., N. D., 167 N. W. 489. --A charge on - Self-Defense. 50. Homicideself-defense that, if the jury should find that such as to the situation or happenings were lead a "prudent and cautious" man to believe he was in danger, though he were not, the law would not hold him liable, held reversible error for not qualifying the quoted words by the Coal Co. v. "reasonably."-Hunt-Berlin Paton, Tenn., 202 S. W. 935. 51. Infants-Dicaffirmance.-A child, who has in his right of inheritance release d writing in his father's estate in consideration of an advancement, cannot, after attaining majority and waiting a number of years until his father's death, disarm his ac-Adams v. Adams, W. Va., 95 S. E. 853. word 52. Insane Person-Next Friend.-Next friend bringing a suit for an insane person is in a sense a volunteer, and the court of pendency may at any time investigate his fitness to represent the incompetent's interests, may substitute another, and will ordinarily substitute a subsequently appointed guardian upon application. Williams v. Gaither, Tenn., 202 S. W. 917. 53. Insurance Agency. Where assignment of fire policy after loss was made in presence of policy writing agent, and draft in payment of loss was sent him, indorsed by property owner and used by owner and agent in paying other creditors than the assignee, the latter could recover from insurance company the amount of his claim; agent's knowledge being imputed to the company.-Schwabacher Bros. & Co. v. Orient Ins. Co., Wash., 172 Pac. 568. fire insurance Where a 54. Conspiracy. write insurance for an inagent refused to dividual, and agreed to enter into conspiracy to prevent with other insurance companies such individual from obtaining insurance, his act did not bind his principal.-Palatine Ins. Co. v. Griffin, Tex., 202 S. Wife, never legally 55.- -Divorced Wife. married to her husband, but divorced from him, and who was beneficiary in insurance policy on life of her nominal husband, cannot thereafter keep policy alive by payment of premiums; she having no insurable interest in his life.-Western & Southern Life Ins. Co. v. Nagel, Ky., 203 CENTRAL LAW JOURNAL 58. Fraternal Society.-Where insured under fraternal benefit policy disappeared without evidence of death, and his sisters, on representations of the local officers that the insurance would be continued, paid the monthly assessments and dues, no cause of action in their favor accrued until after their demand for the premiums or the face of the policy and refusal thereof.-White v. Brotherhood of Locomotive Firemen and Enginemen, Wis., 167 N. W. 457. So 59.- Indemnity Company.-Where indemnity company refused to defend suit as specifically agreed in separate paragraph in policy, and insured had to employ attorneys and others to defend, insured could recover obligations incurred, although not yet paid, regardless of no action clause in policy, providing liability only for money actually expended.--Western Indemnity Co. v. Walker-Smith Co., Tex., 203 S. W. 93. 60.- -Waiver.-Insurer of piano, having paid amount of loss on piano to insured after his notice to it to pay part to seller of piano, who retained mortgage on piano, and after garnishment by seller, could not avail itself of plea of exemption of such having been waived by such debtor's notice.insurance proceeds, it Westchester Fire Ins. Co. v. Thomas Groggan & Bro., Tex., 203 S. W. 163. 61. Instructions company assumed, on complaint of its customer, Negligence.-Where gas to make repairs on her gas range, if it made them faultily or negligently, it was liable for any injury resulting.-Pernick v. Central Union Gas Co., N. Y., 170 N. Y. S. 245. 62. Joint Adventures plaintiff, who contributed his skill in facturing fur provided and defendant, a shop, purchased furs, who partners or joint adventurers, etc., were was necessary, where defendant breached his an accounting agreement before time for division of net profits. Butler v. Union Trust Co., Cal., 172 Pac. 601. 63. Judgment - Full Faith and Credit. view of Civ. Code La., arts. 420, 421, one interIn dicted by Louisiana state court, having removed to Tennessee and there being adjudged competent, cannot, by bill in federal court, compel Louisiana executor of estate in which he was interested to account for Tennessee judgment, despite full faith and credit clause, had no extraterritorial effect.-Gasquet v. Fenner, U. S. S. C., 38 S. Ct. 416. 64. Landlord and Tenant-Renewal of Lease. -Where company had right to renew lease by making deposit in bank, and it made deposit, which lessors refused to accept, first as insufficient, second as too late, lessors were under no obligation to do more than inform bank of their unwillingness to accept.-Pure Oil Operating Co. v. Gulf Refining Co. of Louisiana, La., 78 So. 560. 65. Larceny-Indictment.-Where an indictment charges theft of an count, and receiving the automobile as stolen automobile in one property in another count, a verdict, finding defendant guilty on both counts is improper; it being impossible for defendant, guilty of receiving a stolen automobile, to have stolen it himself. Moore v. State, Tex., 203 S. W. 51. 66. Libel and Slander-Privileged Communications. Communications passing between state agents of fire insurance companies and the local agents, and communications from one insurance company to another, with reference to matters wherein the companies are mutually interested, and to protect such interest, are conditionally privileged.-Palatine Ins. Co. v. Griffin, Tex., 202 S. W. 1014. 67.-Slander of Title.-In slander of title, defendant, who does not deny an action for plaintiff's possession or right of action, must either admit or deny the alleged slander, or his dispute of plaintiff's title; and, if he claims a real right in property, he validity of his claim.-Wilson v. Pierson, La., 78 puts in So. 561. issue has 68. Mandamus-Jurisdiction.-Supreme Court of District of Columbia in proper case power to direct Interstate Commerce Commission by mandamus to entertain and proceed to adjudicate cause, which it has erroneously 89 70. Collision. Evidence owned the automobile which was driven by her minor son, though not establishing liability of defendant, calls for explanation from defendant in an action for injuries in a collision with such automobile.--Wilson v. Polk, N. C., 95 S. E. 849. a 71.- Evidence. Liability Act, -Under federal Employers' engineer refuses or neglects to obey orders of railroad is negligent where superior to stop or slow down to pick up employe engaged in interstate commerce who relies upon such order, or where engineers so negligently manages train as to injure such employe lawfully thereon.-Dumphy v. Norfolk & W. Ry. Co., W. Va., 95 S. E. 863. 72. Liability. ployer's knowledge and approval, placed crews -Where foreman, with emin charge of particular members, it material that such riembers was imforemen if they discharged functions of forenot called men, and their negligence in not making reasonable provision for safety of crew would render employer liable.-Miller v. Tall Timber Co., La., 78 So. 555. were 73. Workmen's Compensation Act.-Where it appears that a company sued for personal injuries by its servant employs more than five servants, it is subject to the Workmen's Compensation Act, whether a subscriber or not, and consequently cannot plead assumption of risk. -Wichita Falls Motor Co. v. Meade, Tex., 203: S. W. 71. 74.-Workmen's Compensation Act. In a proceeeding under the Workmen's tion Act, that the person injured was engaged Compensain underdressing a made by the original contractor's superintendent stone according to marks did not show him to be an employe, instead of a subcontractor.-Mobley v. J. S. Rogers, Ind., 119 N. E. 477. 75. Mines and Minerals Forfeiture.-Refusal to accept check in amount less than lease required to excuse operation on land, reduction being made for alleged defective title, did not warrant lessor's immediate forfeiture, and release to another, and equity against forfeiture and cancel subsequent lease. would -Monarch Gas Co. v. Roy, W. Va., 95 S. E. relieve 789. 76. Monopolies Company's contract for sale of merchandise to Employment Contract. its agent, wherein agent agreed "to have no other business quired him to devote his entire time, but reor employment," not only restricted him to making purchases of merchandise from company only, and so was violative of anti-trust act.-Dodd v. W. T. Rawleigh Co., Tex., 203 S. W. 131. 77. Mortgages-Bona Fide Purchaser.-Bona 78. Municipal Corporations-Counterclaim. 79. Right to Office.-Mere fact that city right to the office, where he was permitted to continue to act, and was therefore a de facto officer at least, and entitled to a compensation, especially since the city authorities could at any time on notice have required a bond.-Henriod v. Church, Utah, 172 Pac. 701. 80. Negligence Imputability.-The negligent failure of the driver of an automobile to yield the right of way to a street car, as required by city ordinance, resulting in a collision, is not imputable, as a matter of law, to one riding as a mere guest.-El Paso Electric Ry. Co. v. Benjamin, Tex., 202 S. W. 996. 81. Oil and Gas-Drilling Wells.-In an oil and gas lease providing that, "when a well is once begun, the drilling thereof shall be prosecuted with due diligence until same is completed," word "completed" means finished, or sunk to the depth necessary to find oil or gas in paying quantities or to such a depth as would reasonably preclude probability of finding it at further depth.-Frost v. Martin, Tex., 203 S. W. 72. 82. Parent and Child-Emancipation.-Where plaintiffs' father died before United States acquired Philippine Islands, and their mother during their minority emancipated them, held, she must be deemed to have had administration of plaintiffs, under Civ. Code, art. 159, and SO validity of their emancipation was not open to attack, on theory that there was no pending administration saved by subsequently enacted Code Civ. Proc. § 581.-Aldecoa v. Hongkong & Shanghai Banking Corp., U. S. S. C., 38 S. Ct. 410. 84. Principal and Agent-Scope of Agency.A drayman employed by buyer of hay to cart the hay to be turned over to him by seller has no authority to refuse to accept the hay because of its condition, and acceptance by drayman of hay for carting purposes does not constitute acceptance by buyer.-Sevier v. Hopkins, Wash., 172 Pac. 550. 85. Railroads — Ordinance. For breach of condition in ordinance for railroad entering city, that it shall make and maintain suitable means for draining under its track, the city, on company's denying duty and refusing to act, may contract for the work, and charge the company with the cost.-Illinois Cent. R. Co. v. Meacham Contracting Co., Ky., 202 S. W. 859. 86. Fencing.-Statutory requirement as to fencing railroad is not solely for benefit of adjacent landowner, but for benefit of public in general, being police regulation for safety of passengers, trainmen, etc., so that agreement with landowner dispensing with fences at place required by statute is binding only on landowner, and not on his successor in title.Hawkins v. St. Louis & San Francisco Ry. Co., Mo., 202 S. W. 1060. 87. Removal of Causes-Interstate Commerce. -Though defendant refrigerator company was not a common carrier, held, that its liability depended on contract with railroad company, and not Interstate Commerce Act; hence, though it did not fall within Judicial Code, § 28, as amended by Act Jan. 20, 1914, c. 11, defendant could not remove from state court a suit against it for less than $3,000 on ground that it was governed by act of Congress.-E. H. Emery & Co. v. American Refrigerator Transit Co., U. S. S. C., 38 S. Ct. 414. 88. Replevin Counterclaim. Ordinarily, counterclaims, or counter demands, cannot be litigated in replevin; but where seller sues to recover possession of automobile sold conditionally, and buyer tenders amount due in court, he may reduce the seller's claim to the extent of damage incurred on account of a defective top.-Beck v. Lee, Utah, 172 Pac. 686. 89. Sales-Conditional Sale.-Under contract of sale providing for return for credit in good condition within 35 days if directions for use were followed and results were not satisfactory, return must be within that time.-International Filter Co. v. La Grange Ice & Fuel Co., Ga., 95 S. E. 736. 90. -Fraud.-Where seller under contract to cut, sell hay in first-class condition, finely mixed wet hay and snow with the rest of the hay, causing it to spoil while in transit, he perpetrated a fraud on buyer, who had no knowledge thereof until after payment and acceptance of hay.-Sevier v. Hopkins, Wash., 172 Pac. 550. 91. -Purchaser for Value. Purchaser of personal property, giving his negotiable notes, and having notice of vendor's lack of title before notes are paid or transferred by vendor to innocent party, is not a purchaser for value without notice, within the recording statutes.Welch v. King, W. Va., 95 S. E. 844. 92. exhibits Searches and Seizures - Impounding by Court. Where president of corporation testifying in his behalf in infringement suit produced which were impounded by order of court, he cannot, on theory that it would amount to unlawful search and seizure, prevent United States attorney from obtaining possession of exhibits for use in prosecution against president for alleged perjuries committed in infringement suit.-Perlman v. United States, U. S. S. C., 38 S. Ct. 417. 93. Street Railroads - -Look and Listen-An ordinance providing that drivers shall look out for and give right of way to vehicles approaching street crossings from the driver's right does not relieve a motorman from the duty to look out for an automobile approaching from his left.-El Paso Electric Ry. Co. v. Benjamin, Tex., 202 S. W. 996. 94. Trusts Bankruptcy.-Where trustee in bankruptcy of beneficiaries of trust estate sought to subject their interests to payment of debts, allowance of attorney's fees of $1,000 to attorney who successfully defended in two trials and two appeals against such suit which was agreed to by the trustees, recommended by the commissioner, and approved by the chancellor, was not excessive.-Hackett's Ex'rs v. Hackett's Devisees, Ky., 202 S. W. 864. 95. Following Principal. -If agent uses money of his principal in the purchase of property which is held by the agent and his wife in an estate by the entireties, the principal can follow such money into such real estate.-McKay v. Corwine, Ind., 119 N. E. 471. 97. Waters and Water Courses Surface Water Overflow water, that escapes the banks of a running stream and does not return to its banks, nor find its way to another stream or water course, is surface water.-Anderson__v Chicago, B. & Q. R. Co., Neb., 167 N. W. 559. 98. Wills Erasures. Where alleged will consisted of list of items of property, and opposite one item words "For Ev and Anna" appearing to be written over erasure, and were only words showing testamentary intent, finding that maker did not intend it to take effect as will was justified.-McGrory v. Fisher, Pa., 103 Atl. 589. 99. Later Born Child.-Under will, provi sion that testator's daughter and her three named children should have exclusive possession and benefit of testator's lands until the youngest reached 21 years, later born child of daughter, now deceased, is not entitled to share in rents and profits of land before time fixed. -Adams v. Hudson, Miss., 78 So. 545. 100. Proviso.-A proviso in a will which is a limitation of a preceding general provision will be held to limit the immediate clause or general statement, unless it clearly appears from the whole sentence preceding such proviso that the proviso was intended to refer to the whole general provision.-In re Bovier's Estate, Utah, 172 Pac. 683. CENTRAL LAW JOURNAL Central Law Journal. ST. LOUIS, MO., AUGUST 9, 1918. DISTINCTION BETWEEN POLICE POWER In 86 Central Law Journal, 319 and 423, there were discussed late English cases regarding excuses for non-performance of contracts, where the facts rendering performance impossible concerned deliveries in contracts of sale, impossibility of performance being brought about by conditions arising out of the world war now raging. Generally, it may be said, that the rulings discussed held performance excused, because the conditions considered brought about a cessation of the subject-matter of contract and the contracting parties were held impliedly to have assumed or presumed that this subject-matter would continue to exist and a distinction, in the latter of these discussions, was drawn from the nature of the contract, one for future deliveries of goods. This was held to be controlled by the ancient principle decided in 1747 in Paradine v. Jane, Aleyn, 27. This principle is that, where a party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract. Therefore, what is called by us an act of God, as say a house in course of erection is struck by lightning and consumed by fire, or is destroyed by a tornado or swept away by unanticipated flood, would not under the doctrine in Paradine v. Jane excuse non-performance. It may be said, It may be said, that the distinction above spoken of is very interestingly discussed in the English case referred to in 86 Cent. L. J. supra at page 423. But is it the same thing, when a contract, performance of which is prevented by sub 91 sequent statute or by authority of law, is under a state's police power? This is the question considered in a recent case lately decided by Connecticut Supreme Court of Errors. Hartford v. v. Connecticut Fair Ass'n, 103 Atl. 838. In this case plaintiffs claimed damages for breach of contract, whereby they were to promote and manage a baby show, to be held at a city park on a future day. This contract showed that plaintiffs were to supply prizes and certain advertising matter and to do other things for the successful launching and holding of the show. Defendant was to furnish a room for the show and pay plaintiff's $600. Defendant claimed that it became unlawful to carry out its contract because aftershow was to be held a disease known as wards there raged in the city where the said city and throughout the state. Thereinfantile paralysis, it becoming epidemic in by it was averred that the danger of holding the show would make it unlawful and notified plaintiffs that for this reason the contrary to public policy, and defendant contract was repudiated and declared canruled and this ruling Connecticut Supreme celled. Demurrer to this answer was overCourt of Errors affirmed. It was said: "The court will not require the performance or award damages for a breach of a contract in which the public have so great an interest as the preservation of health, if the health is in fact endangered, no more than it would require one to be performed, the tendency of which right of everyone to earn a livelihood by a was immoral, or which interfered with the lawful occupation." that: "If a party by his contract charges In U. S. Supreme Court it has been said himself with an obligation possible to be performed, he must make it good, unless his performance is rendered impossible by the act of God, the law, or the other party. Difficulties, even if unforeseen, and however great, will not excuse him. If parties have made no provision for a dispensation, |