83. A applies for Are insurance upon the house and outbuildings upon his farm. The insurance agent comes out and looks the place over and decides to write the insurance. By mistake he mis-described the land. A fire later occurs and A desires to bring suit. Can the courts give him any relief? (French v. State Farmers Hail Insurance Co., 29 N. Dak. 426; L. R. A. 1915 D. 766.)
84. A ships goods with the M. R. R. Co. A bill of lading is issued describing goods, termination, rates, etc. A desires to show that another termination than that stated was orally agreed upon, and that twice as many goods were received as stated in the contract. Assuming that the evidence is pertinent to the issues, should he be allowed to do either?
85. A entered into B's employ and undertook, for contingent fees, to detect larceny and embezzlement among the other employees. The contract on its face does not show this. The court in deciding such agreement to be illegal, is met with the objection that this proof would vary the terms of a written contract. Can this be shown? (42 L. It. A. N. S. 847.)
86. Give an illustration of a contract "implied in fact"; a contract "implied in law." Explain the difference.
87. What is the object of a rule of construction?
88. Enumerate the various rules of construction given in the text.
89. What is the meaning of the phrase "time is of the essence" of a contract?
90. Is time the essence of a contract in a court of equity?
91. On September 10, 1909, the Parker-Washington Company * * * entered into a contract by which it agreed to construct for the city of Chicago the foundations of a boiler room, auxiliary buildings and chimney of a pumping station at One Hundredth Street and Stewart Avenue, in the city of Chicago, and to complete the same by December 22, 1909. The work was not completed until March 5, 1910, seventy-three days after the date fixed for its completion. The contract contained the following provision: "It is distinctly understood and agreed by the parties hereto that the work to be performed hereunder shall be completed within the time hereinabove fixed for its completion. Inasmuch as failure to complete the same within the time herein fixed will work an injury to the city of Chicago, and as damages arising from such failure cannot be calculated with any degree of certainty, it is hereby agreed that if such work is not fully completed within the time fixed herein there shall be deducted from the contract price and retained by said city, as its ascertained and liquidated damages, the sum of fifty dollars ($50) for each and every day passing after the date fixed for the completion, until said work is fully completed as specified." When the work was completed the defendant in error retained the stipulated sum of $50 a day for the seventy-three days as liquidated damages and the remainder of the contract price was paid. The plaintiff in error brought suit in the municipal court of Chicago for the sum as so retained and also for a balance due on another contract. Was the city justified in withholding this sum of $50 per day? (The Parker-Washington Co. v. Chicago, 267 111. 136.)
92. Suit to recover $2,500 deposited pursuant to terms of a lease of a theatre building from March 11, 1912, to February 26, 1917, at a rental of $350 per month. Default in payment of rent for part of November and all of December, 1912, and suit brought by the lessor for possession after giving five days' notice of termination by lessor for non-payment of rent, and judgment for possession in favor of landlord ; also judgment against landlord for the $2,500 less amount of rent due him for the months mentioned. Appeal. "Section 11 of the lease * * * provided that said sum was 'to be held by party of the first part as security for the faithful performance by the party of the second part of the covenants and agreements * * * which said sum * * * shall be applied by said party of the first part as rental reserved - for the said premises for each of the last 71/7 months of the term. * * * "By section 12 it was further covenanted and agreed that in the event that the indenture of lease to which this rider is attached shall be terminated by reason of a breach by party of the second part * * * then * * * the party of the first part may, at his option, retain as and for full liquidated damages the said sum of $2,500 * * * and thereafter the party of the second part shall have no further right, claim or interest in and to the said $2,500 or any part thereof." Shall the upper court sustain the judgment of the lower court? (Advance Amusement Co. v. Franke, 268 111. 579.)
93. A made a contract with B to convey several distinct tracts of land; on failure to convey any tract, damages to be $10,000. Should the court enforce this provision? (Watts v. Sheppard, 2 Ala. 425.)
94. State the general rule as to the operation of contracts.
95. Summarize briefly the law, as given in the text, of the right of a beneficiary to sue on a contract.
96. Define assignment.
97. B agreed to supply K, a cake manufacturer, all the eggs required in K's business for one year, K agreeing not to buy elsewhere during that period. Statements of account were to be rendered every fourteen days, B to draw for the amount at two months from date of delivery. K thereafter purchased another company, and K then transferred the old and new business to a new company called George Kemp, Limited, of whose 20,000 shares he held all but seven. When B heard of this amalgamation he refused to supply the eggs to the new company and claimed that his contract was at an end. K sues, claiming breach. Can K recover? (Kemp v. Baerselman (1906), 2 K. B. (Eng.) 604, 2 British Ruling Cases 436.)
98. A, an employee of B, is accustomed to receive his salary from B at the end of every month. On the first of July he asks B to advance him his July salary, which B does. On July 30 A goes to the office of C, a money lender, and borrows a sum of money from him, assigning his July salary (which is not known to C to be paid) as security therefor. On August first A is rightfully discharged by B. On August 31st, A, not having worked during the month, goes to D, another money lender, and purports to assign his August salary, which he represents to be earned and unpaid. C and D having given notice, and being refused payment, begin suit against B. Can either recover ?
99. A employed by B assigned his right to money due from B. In a suit by the assignee B set up that A, before the assignment, was liable for a failure to fulfill his contract to sell at the highest market price. C, the assignee, knew nothing of this defense at the time he accepted the assignment, and he paid A the full face value of the money due from B. Is the defense good against C? (Mackenzie v. Hodgkin, 126 Cal. 591.)
101. A, a laundry owner, would not join a laundry association. The members thereof procured those dealing with her to break off their contracts. She sues the members. Has she any case? (Doremus v. Hennessy, 176 111. 608.)
102. A works for M on a salary of $5,000 a year under a five year contract. N, a competitor, offers him $6,000 a year and A quits M to accept N's offer. Has M any case against N?
103. Meaning of phrase "discharge of contract"?
104. A employed B to write a legal article for an encyclopedia, at a stipulated price, subject to A's satisfaction therewith when written. B wrote a good article, but A rejected it on the ground he was not satisfied. B sues for damages. What result? (Walker v. Edward Thompson Co., 56 N. Y. S. 326.)
105. When is tender of performance sufficient?
106. State the rule of substantial performance.
107. W agreed with H to find a purchaser within a year for a certain tract of land at $30 per acre. He is now sued on that agreement. He defends that it was impossible to find such purchaser. Is the defense good? (Harless v. Wiley, 91 Kan. L. R. A. 1915 C.)
108. A was B's stepfather. The stepson agreed to support the stepfather for the rest of his life and keep up his life insurance dues if A would name B his beneficiary in the contract. The stepfather lived in B's home for five years, and B kept up the dues. A's physical condition became such that it became a great hardship upon B, and a disagreeable task for B to care for him. A was thereupon sent to the poorhouse, where shortly after he died. After leaving B's home, A changed his beneficiary to M. B claims that A's condition discharged him from the contract, and that he is entitled to reasonable compensation for A's board and reimbursement for the dues; or, if that is denied, then that conceding he broke the contract, he is entitled to the same thing as for benefits rendered on an implied agreement. Are either these contentions sound? (Ptacek v. Pisa, 231 111. 522, 14 L. R. A. N. S. 537.)
109. A contract was made that A should manage a number of parcels of improved real estate belonging to B for the term of five years, collecting the rents, making repairs and paying over the net balance remaining in his hands the 15th of each month. For these services he received a commission upon the amounts collected and the use of an office. The contract contained the provision "that the covenants in this contract shall succeed to and be binding upon the respective heirs, executors, administrators and assigns of the parties hereto." B died. His heirs and his administrator give notice to A that his services are no longer wanted. A sues for breach of contract. Can he recover? (Homan v. Redick, L. R. A. 1915 C. N. (Nebr.) 601.)
110. Define novation ; merger.
111. What is the statute of limitations?
112. State the rule of damages in contract cases.
113. Will the remedy of specific performance be given in every case? State the rules and give illustrations.
114. When will a court enjoin the breach of a contract?