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Of leased premises, see "Landlord and Tenant," 88 1, 2.

§ 2. Infringement and unfair competition.

A defendant held under the evidence not chargeable with unfair competition in using Of written instrument for cancellation, see trade-name.-Germer Stove Co. v. Art Stove Co. "Cancellation of Instruments." (C. C. A.) 141.

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Testator's interest in a firm having vested in a son by virtue of partnership articles under a grant based on a sufficient consideration, and not under testator's will, held not subject to internal revenue taxation under Act Cong. June 13, 1898, c. 448, 30 Stat. 448 [U. S. Comp. St. 1901, p. 2286].-Blair v. Herold (C. C.) 199.

The words "deed, grant, bargain, sale or gift," as used in the war revenue act (Act Cong. June 13, 1898, c. 448. 30 Stat. 448 [U. S. Comp. St. 1901, p. 2286]), held to refer only to transfers without consideration operative by way of gift.-Blair v. Herold (C. C.) 199.

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Salvage service by tug, see "Salvage," § 1.

See "Municipal Corporations."

TRADE-MARKS AND TRADE-NAMES. Preliminary injunction to restrain interference with business, see "Injunction," § 1.

1. Marks and names subjects of ownership.

*Though the word "keystone" may be a geographical term, yet its use by one manufacturer in his trade-name or on his products to pass them off as those of another may constitute unfair competition, and entitle the latter to an injunction.-Buzby v. Davis (C. C. A.) 275.

*The use of geographical terms to pass off the goods of one manufacturer as those of another may constitute unfair competition, and be law fully enjoined.-Buzby v. Davis (C. C. A.) 275.

*The use of the word "keystone," as applied to defendant's oils, held unfair competition, entitling the complainant to relief in equity.Buzby v. Davis (C. C. A.) 275.


Right to enjoin picketing, see "Injunction," §§ 1-3.

A trade union in Wisconsin which is merely an assemblage of persons not given the right by statute to sue or be sued in its common name cannot, as such, be fined for contempt for violation of an injunction, although it was made a party to the suit by name, and a general appearance was entered for it.-Allis-Chalmers Co. v. Iron Molders' Union No. 125 (C. C.) 155.


Between railroads, see "Railroads," § 1.


See "Taxation," § 1.


As part of realty, see "Property."


See "New Trial"; "Reference"; "Witnesses." Entry of judgment after trial of issues, see "Judgment," § 1.

For offense against postal laws, see "Post Office," § 1.

Of criminal prosecutions, see "Criminal Law," § 2.

§ 1. Taking case or question from jury. *Where there was positive testimony that signals were given by a railroad train at a crossing, and also testimony by other witnesses, who were where they should have heard such signals, if given, that they did not hear them, the question was one for the jury.-Detroit Southern R. Co. v. Lambert (C. C. A.) 555. *Point annotated. See syllabus.

*The symbol of the keystone of an arch is susceptible of exclusive appropriation as a trade-mark.-Buzby v. Davis (C. C. A.) 275.

*On a motion for direction of a verdict, the court must take that view of the evidence most favorable to the party against whom the instruction is asked.-Detroit Southern R. Co. v. Lambert (C. C. A.) 555.

§ 2. Instructions to jury.

The trial judge is entitled to present the case to the jury in his own way and in his own language, provided he covers the entire case and declares the law correctly. Mathieson Alkali Works v. Mathieson (C. C. A.) 241.


Charitable trusts, see "Charities."

*The assignment of a firm's interest in a public
contract to one of their number held ineffective
as against the United States, and operative only
as an assumption by the assignee of the debts
of the firm in consideration of the receipt of the
benefits to be derived from the execution of the
National Surety Co. (C. C. A.) 465.
agreement as assigned.-Hardaway & Prowell v.

Taking of bail bonds by, see "Bail," § 1.


Trust deeds, see "Chattel Mortgages"; "Mort- Of judgment, see "Judgment," § 2. gages."

1. Establishment and enforcement of




*The burden of showing that his property Limits of jurisdiction, see "Courts," § 1. has been wrongfully mingled in the mass of the property of the wrongdoer is upon the owner, but, when this is done, the burden is shifted to the wrongdoer to show that the owner's money or property has passed out of his hands, and in that respect his trustee in bankruptcy stands in the same position.-Smith v. Mottley (C. C. A.) 266.

The proprietor of a bucket shop held liable to the real owner for trust funds which it obtained from the trustee in gambling transactions. Joslin v. Downing, Hopkins & Co. (C. C. A.)



See "Trade-Marks and Trade-Names," § 2.


See "Trade Unions."


See "Sales."

Specific performance of contract, see "Specific


§ 1. Requisites and validity of contract. A contract for the settlement of an adverse claim to a mining location held not to create a trust, but operated merely as an option contract creating the relation of prospective vendor and purchaser.-Stevens v. McChrystal (C. C. A.) 85.

A contract for a sale of real estate made between the owner and a firm of brokers with whom it was listed for sale, who purchased, as they stated, for a third person, whose name they could not disclose, held valid and enforceable by such purchaser under the facts shown.Woodward v. Davidson (C. C.) 840.

*A letter written by plaintiff to defendant in response to defendant's offer to sell certain land held not an unconditional acceptance of defendant's offer, and therefore insufficient to constitute a contract of sale.-Sharp v. West (D.

See "Customs Duties"; "Post Office."
Courts, see "Courts," § 1; "Removal of Caus- C.) 458.
Indians, see "Indians."


Review in action by, as dependent on character of action, see "Appeal and Error," § 1.

§ 2. Construction and operation of contract.

*Where a claimant of a mining location contracted to convey a portion thereof for $101.25 as soon as patent issued, the vendee's right accrued immediately on the issuance of the patent, and continued for a reasonable time thereafter.-Stevens v. McChrystal (C. C. A.) 85. § 3. Performance of contract.

§ 1. Property, contracts, and liabilities. Plaintiffs, under a contract to complete a public improvement, though regarded as subcontractors, held bound to look only to the funds recoverable from the United States under the contract for reimbursement for expenditures, and not to the contractor's bond.-Hardaway & Prowell v. National Surety Co. (C. C. A.) 465. Plaintiffs under a contract to complete a public improvement held mere lenders of credit to the contractor, and not furnishers of labor and material, entitled to recover on the contractor's bond given under Act Cong. Aug. 13, 1894, c. 280, 1, 28 Stat. 278 [U. S. Comp. St. 1901, p. 2523].-Hardaway & Prowell v. National Sure- Of proceedings to limit shipowner's liability, ty Co. (C. C. A.) 465.

Where a vendor repudiated his alleged contract of sale before any tender could be made, it was sufficient that the vendee offered in his bill to enforce specific performance to bring the money into court.-Sharp v. West (D. C.)



see "Shipping," § 4.

*Point annotated. See syllabus.

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