61. Define usury. Is it a crime to charge usury? Can usury paid be recovered? What is the penalty of charging usury?

62. A borrows money from B at usurious rates. A repays interest from time to time until he has repaid more than the principal. B sues. A pleads usury. B claims that he is only suing for the principal which he is entitled to under the statute, conceding the usury, that the payments have all been of interest, and that as usury paid cannot be recovered, he is entitled to the principal. How should the court hold?

63. A desires to borrow $1,000 from B for one year. B gives him $930, and takes his note for $1,000 payable in one year. The note also provides that if the $1,000 is not paid when it is due it shall bear interest after maturity at the rate of seven per cent. One year after the note becomes due, B brings suit. A claims that the note is usurious. What is the sum B can collect on this note under the laws of Illinois which makes a charge of over seven per cent usury ? (See for citation of cases Sanford v. Lundquist, 18 L. R. A. N. S. (Nebr.) 633.)

64. M, a farmer, placed an order for 2,000 barrels of pork for September delivery, with C, a broker. A statute of the State forbade pretended purchases of pork where receipt and delivery is not intended. M paid $400 in margins and the pork was sold out at a profit. C refuses to account. M brings suit. Assuming that the court finds that no receipts or deliveries were intended, can M have relief? (Carey V. Myers, 92 Kan. 493, L. R. A. 1916 B. 1056.)

65. The consul general of Turkey made a contract with a manufacturer of firearms, by which the consul general for a certain commission agreed to effect through his influence with the representatives of the government, sales of the arms manufactured by the concern with which he contracted. Is the contract valid? (Oscanyan v. Winchester Repeating Arms Co., 103 U. S. 261.)

66. Is a contract made on Sunday valid?

6T. A pawnbroker does business without a license. B leaves a diamond with him and obtains $100 as a loan thereon. Must B pay the principal and interest or either in order to obtain back ring? (Levinson v. Boas, 150 Cal. 185, 12 L. R. A. N. S. 575.)

68. A statute of the State of Kansas prohibited pool selling and book making in that state. Kansas City, Kas., passed an unconstitutional ordinance licensing such forbidden business to any person paying $5,000 a year. L paid $5,000 and received a license. He outfitted a place at considerable expense and opened it for business. On the second day after opening up, the city authorities closed him up. He sues to recover the $5,000. Can he recover? (Levy v. Kansas City, 168 Fed. 524, 22 L. R. A. N. S. 862.)

69. A sells goods to B knowing that B intends their use in an immoral and illegal business. Can A maintain a suit for the price? (Loose v. Larsen, 161 Pac. (Nev.) 514, L. R. A. 1917 B. 1166.)

70. Plaintiff sold to defendant a quantity of candies and silverware, putting the candy in packages labelled prize candy packages, in some of which there were tickets, with the name of an article of silverware on them. The defendant's intent was to sell for more than the packages were themselves worth, the buyer to take his chance on getting a prize, and plaintiff knew this. Such a sale was contrary to the lottery law. Plaintiff sues for the price. Defense, illegality. How should the court hold? (Hull v. Ruggles, 56 N. Y. 424.)

71. Where one has lost money in gambling, may he recover it? On what theory?

Chapter 7

72. Define "seal." Is consideration necessary in a sealed contract? What legislation has there been as to private seals?

73. What was the rule as to the abrogation or modification of a contract under seal by an agreement not under seal?

74. When was the English Statute of Frauds enacted? What two sections related to contracts? What was the purpose of the statute of frauds?

75. N, operating his automobile, ran over D, and took her in an unconscious condition to L. V. Hospital, at whose oral request she was cared for. Bills were sent to N. He refused to pay and suit is started against him. He pleads the statute of frauds. Is it a good defense? (Lake View Hospital v. Nicholson, 202 111. Ap. 205.)

76. An executor promises to pay a legacy which legatee could not otherwise get on account of insufficiency of the personal estate, if legatee will not contest the will, the executor having an interest in having the will stand. In a suit to enforce the promise the executor pleads statute of frauds. Is the defense good? (Mackin v. Dwyer, 205 Mass. 472, 91 N. E. 893.)

77. A owning a shale pit and a brick yard, orally agrees with B to deliver his entire output of brick for one year to B. A afterwards refuses to perform and being sued claims that the statute of frauds is a good defense. Discuss the defense under the fourth and under the seventeenth section.

78. A orally guaranteed the condition of a roof for five years. B sues A on this guaranty. Statute of frauds is plead. Is it a good defense? (Philip Carey Mfg. Co. v. So. Construction Co., 2 Ala. Ap. 292, 56 So. 746.)

79. In what ways may the seventeenth section of the statute of frauds be satisfied? Does it differ from the fourth section in that regard ?

80. Must both parties sign the memorandum? May an agent sign? Must the agent's authority be in writing? Is an assumed name a good signature? Must the signature be subscribed?

81. A orders a set of teeth from a dentist. He refuses to take the teeth and defends on the ground there is no compliance with the statute of frauds. Is the defense good?

82. "The defendant admits in his answer the execution of the subscription contract, and that he had not paid the amount of his subscription for the reason that he had an oral contract with the promoter whereby the promoter would re-sell his subscription for the amount for which he had subscribed and that his liability would thereby cease." Is this a good defense? (Huster v. Newkirk Creamery & Ice Co., 141 Pac. 790 (Okla.).