ATION QUESTIONS AND ACCURATE ANSWERS loods destroyed the building ten days before the nd of the lease term, and A sued B for the value of the building. What are the rights and liabilities of the parties? (See "Landlord and Tenant," 24 Cyc pp. 1089, 1090; Outlines for Review, pp. 186, 87.) (12) A child three years old was injured as the esult of gross negligence on the part of B. The hild completely recovered from the injury within ix months. The father brought suit to recover for he loss of services. Can he recover? (See "Parent nd Child," 29 Cyc p. 1639; Outlines for Review, . 234.) (13) A, having lost his watch, believing, but vithout sufficient reason, that B had stolen it, aused B to be prosecuted for theft. B sued A for alicious prosecution, and the court instructed he jury that if the above facts were proved a erdict might be given for plaintiff. Was this harge correct? (See "Malicious Prosecution," 26 ye p. 30; Outlines for Review, p. 152.) (14) A and B are neighbors. B begins to erect . fence over on A's side of the division line. A eizes an axe, and advances upon B with the axe ifted to strike him, whereupon B knocks A down. A sues B for assault. Judgment? (See "Assault and Battery," 5 C. J. section 32; Outlines for Review, .147.) (15) Plaintiff's son, a minor residing with him, was run over and injured by an automobile truck wned and operated by defendant, a private cororation. The son sued for and recovered a judghent against defendant for personal injuries. hortly before the running of the statutory period f limitations plaintiff institutes the present action recover for the expense of care and cure of the on and for the loss of his services. Our "First Book of Bar Questions," comprising in all five hundred state bar examination questions, is now ready for shipment, price $2.00. All questions are keyed to answers in Corpus Juris-Cyc and to the cases in point from your own state jurisdiction through Corpus Juris-Cyc. (See "Infants," 31 C. J. section 252; "Parent and Child," 29 Cyc p. 1642; Outlines for Revew, pp. 248, 234.) (16) An infant, without the knowledge of his father, takes the latter's automobile and drives to Charlottesville, Va., to see a football game. En route he negligently runs over a child. What is the liability of father and son, respectively? (See “Infants," 31 C. J. section 203ff.; "Parent and Child," 29 Cyc pp. 1665-1667; Outlines for Review, pp. 142, 247, 232.) (17) On March 1, 1923, A writes B in Richmond, offering to sell his Norfolk home for $20,000. The offer not having been withdrawn, B, on November 30, 1923, writes A and accepts his offer. A declines. Is A liable? (See "Contracts," 13 C. J. section 111; "Vendor and Purchaser," 39 Cyc pp. 1188, 1189; Outlines for Review, p. 166.) (18) A negligently left his horses on a public street unsecured; they ran off. People in the street hallooed, raised their arms before them, and caused them to swerve from their course, and to collide with another team, properly tied. This team ran off, and injured B's horses. B sued A for damages. Can he maintain his action? (See "Damages," 17 C. J. section 71 ff.; "Torts," 38 Cyc p. 442 ff.; Outlines for Review, pp. 137, 138.) (19) What is meant by punitive damages? (See "Damages," 17 C. J. section 40; Outlines for Review, p. 307.) (20) The defendant signed a promissory note, blank as to date, payee, and amount, and left it in his desk in his office. It was stolen, the blanks filled in, and endorsed and delivered to the plaintiff for value, before maturity, and without notice of any defects. Plaintiff sues defendant on this note. What prior issues, and by always endeavoring to reach the correct specific legal conclusion by a process of reasoning from the fundamental principles of the law-thus developing capacity to satisfy bar examiners in the point which they are most sedulous to test. These questions stand unchanged as they came to us. We have made no effort either to choose simple ones or ones very complex and involved, but rather have sought to produce a group truly representative of, if somewhat shorter than, the average bar examination. It is our opinion that we have succeeded in this no very difficult task --and it is most certainly true that any student who can answer the greater part of these questions in respectable fashion, giving sound reasons for his views of the law on the points involved, will experience no trouble in passing any average bar examin!ation. The questions here given of course do not involve all the main principles of the common law, but they are wide enough in scope to justify the inference that one capable of answering them is also capable of answering others of like character but illustrating other legal principles. One of the most natural things to do with these questions is to talk them over and discuss them with classmates, but we desire to warn each of our readers against this practice as an initial step. Class discussion is a mighty good thing, but to indulge in it over an examination-over a practice examination such as this-is completely to nullify the whole idea. As each question is talked over and argued, each student contributes a mite of truth, until finally an answer more or less correct is arrived at without any one of the roomful having done the whole work. The process is so confused that no one can tell just what of truth or error he actually contributed"Outlines for Review" and see ent's powers of legal reasonto put it simply and baldly question which merely states It will be useful for the what that fundamental princi-ing. no one can know, at the end, facts obviously is better adapt- student, after analyzing each ed to this end, inasmuch as it question and attempting to We strongly urge each one whether he could have passed requires analysis to reach discover for himself just what of our readers to make full the examination strictly on through the controlling facts fundamental principle of the use of these bar examination his own resources of knowlto the controlling legal prin- law is involved in the facts, done habitually, the process questions by treating them as edge, as school and bar exciple. to turn to the citation in cannot but fortify the stud- we have suggested in this and aminations must be passed. (a) Had the son a cause of action though living judgment? (See "Bills and Notes," 8 C. J. secwith and supported by his father? (b) Was the father's cause of action distinct? cific legal conclusions. The General Principles tion 1013, text and notes 27, 28; Outlines for Re- ple is, then turn to the Corpus Conclusion FOR MOOT COURT WORK nished to law schools BOOK REVIEWS hundred new citations of stat-pany, Chicago, Ill., 1923. utes, and some fifteen thou- The appearance of another Principles and Practice of Legal Research-Volume 2 A Treatise on the Anglo- sand new citations of recent case book on the conflict of The American Law Book Company takes pleasure in American System of Evidence judicial decisions, together laws indicates the growing emannouncing for publication in the immediate future Volume in Trials at Common Law, in- with numerous typographical phasis accorded the subject in 2 of Principles and Practice of Legal Research by Dr. cluding the Statutes and Ju- improvements and other helps law school curricula. ProfesDonald J. Kiser, whose Volume 1 has now been in the hands dicial Decisions of all Juris- for the reader. sor Humble's collection of of instructors and students and of the profession generally dictions of the United States It is impossible within the cases has been carefully selectfor some time and has received such generous appreciation. and Canada, by John Henry space available to commented to illustrate the fundamenCarrying out the plan of Wigmore, Professor of the adequately upon this great tal principles of the subject. Volume 1, which is to teach Law of Evidence in the Law work. It is one which should The student's attention is diin School of Northwestern Uni- be on the shelves of every rected almost entirely to its the use of modern means of sufficient quantities for stud-versity, in five volumes, 2d lawyer, having had more in- development in England and legal research by explanation ents pursuing moot and practical application, Vol- work without charge. court edition-Little, Brown & Com- fluence in developing and al- the United States. ume 2 is intended more parpany, Boston, Mass., 1923. tering the modern law of eviconnection with this The second edition of this dence than any other treatise. ticularly for use in the moot book, the publishers have in monumental text, according to On the Witness Stand, by court work now generally re- preparation a series of quest- the author's statement to the Hugo Munsterberg, viii and quired of law students. It is ions or Black on Bankruptcy, xv 269 pages-Clark Boardman statements of fact publisher, embraces a com- and 905 to be arranged in a series of lessons, twelve in number, the useful as the foundation of of the original text, published Company, West Publishing City, 1923. first of which takes up the in- moot court work, which ques- in 1904, numerous enlarge- 1924 vestigation of a legal question tions will be furnished to law ments thereof to include new in the manner in which it is schools desiring to make use topics, revised citations for the ordinarily undertaken by a of them. entire body of the statute law, practitioner. The first lesson, for example, deals with the importance of determining whether there is an applicable statute In which they believe will prove plete critical re-examination Series) pages (Hornbook Company, Ltd., New York "THE COLLEGIATE LAW DICTIONARY" St. Paul, Minn., The republication of Professor Munsterberg's collection of well-known dictionary, and of principles Mr. Black, author of the essays attempting to apply the of treatise on Judgments, Con- psychology to the everyday experimental stitutional Law, Bankruptcy, work of the courts reminds Income Taxation, and other one of the doubts of pracsubjects, has prepared a Horn- ticing lawyers on the first pubbook on Bankruptcy which lication of the work. Prowill be most useful to the fessor Munsterberg's strictures attorney in practice. The main bility of human testimony no principles of the subject are doubt are scientifically accurstated in black letter, and ex- ate; nevertheless, it is difficult to see just how the prinwhile the notes cite lead.ng ciples of psychology can be and important cases. applied to the witness on the stand without allowing creep in new errors greater than tho e excluded. and the manner in which stat- A Dictionary Big Enough to be Adequate and Small law student and even to the on the inaccuracy and falli utes are to be examined and the necessity and means of determining whether there has been any recent amendatory legislation. The next three lessons are devoted to a study of stated groups of facts with the intention of affording instruction as to the manner in Enough to be Handy time more Realizing that there is available at the present Cases on Conflict of Laws, by Henry W. Humble, vii and Now in Preparation to The Collegiate Law Dictionary which a lawyer must resolve cover the words, phrases, a happy medium between the tion between adjective and Its definitions will be suc- who has occasion to ascertain on this column 2 the precise meaning of legal Price, $4.00. Like other books published It will be a book by The American Law Book larger "The Law Student," "The than "Outlines for Company in connection with somewhat to look for the answers to terms defined as there are in Collegiate Law Dictionary" particular questions, more es- the larger law dictionaries. will be sold practically at cost. Review" printed pecially questions as to in- Where words have been used See prepublication combina- from plates on thin in different legal senses, the tion offer in next column. usage in each sense will be clearly defined. paper and strongly a make this structions and evidence. LEGAL EDUCATION (Continued from page 1) familiar with the adjective aminations prove the desira- were The larger percentage of failures in the recent examinations must be attributed to one or more of three reasons: THUMBNAIL BIOGRAPHIES OF GREAT AMERICAN LAWYERS Simon Greenleaf (1783-1853) Simon Greenleaf was born in Newburyport, Massachusetts, December 5th, 1783. He studied law in Maine, and entered the practice at Standish in that state in 1806, but later moved to Gray, where he practiced for twelve years, and then moved to Portland in 1818. From 1820 to 1832 he was reporter of decisions to the Supreme Judicial Court of Maine, and published nine volumes of reports of its cases from 1822 to 1835. He became Royall Professor of Law in Harvard in 1833, and thirteen years later, in 1846, succeeded Justice Joseph Story as Dane Professor of Law in Harvard University Law School. He became professor emeritus on retiring in 1848. Professor Greenleaf's reputation rests upon his principal work, a Treatise on the Law of Evidence, published in three volumes from 1842 to 1853-the first of the great treatises on the subject which have been written by American lawyers. Professor Greenleaf was also the author of a collection of cases overruled, denied, doubted, or limited in their application, and of an examination of the testimony of the four evangelists by the rules of evidence administered in courts of justice, with an account of the trial of Jesus. Professor Greenleaf died in Cambridge, Massachusetts, October 6th, 1853. His portrait is the frontispiece to 22 Corpus Juris. as to the tutorage of attention to elementary law. who obtains his instruction in a law office, and thus, without intending it, a premium is placed upon that method of preparation. to be Our Service Department We invite correspondence from law students and lawyer subscribers regarding points of legal bibliography and the use of law books, particularly Corpus Juris-Cyc. Some further figures pertaining to bar examinations in Ohio will be of interest. From and June, 1896 to the present time, 10,117 persons were examined and 7,860 were successful. This is an average of admissions of 290 per year and an average The advantages of instrucpercentage of 77.7 per cent of tion in well-organized schools successful applicants. The last over those of the modern law five examinations tell a diffoffice are so obvious as not A single examination is not erent story. The average for to justify prolonged discussion a fair test of this matter, but the past two and one-half a law school as a condition to thought to what is required to of them. It is sometimes urged it is believed that the results years has been 380 admissions the examination without set- prepare him for the ordeal of that many students are the of five successive examinations per annum and an average of ting standards for the law the practice. That this is true creatures of adverse circumshould be accepted as a fair 62.3 per cent of successful ap- schools and without a careful is proven by two well known stances, and unable to pursue indication of the trend. In the plicants. supervision of such schools. facts. First, pupils are con- a college course, but it may be last five examinations, a total There should be no discrim- stantly seeking a waiver of answered that the profession of 501 day law school students ination between day and night the rules as to requirements suffers by the poorly prepared examined and 77 per schools, neither should any of learning and periods of student, and the student himcent were successful. Of a favors be shown to students of study. And, second, a very self, except in rare instances, total of 674 night school stu- (1) The examinations may be either class of schools. Those large proportion of the appli- is so handicapped as dents, 53 per cent were success- more difficult (which may be students who do not devote all cants enter quiz classes whose relegated to the rear ranks of ful, and of a total of 218 law seriously doubted); (2) the their working time to their sole purpose and function is his calling. office students, approximately applicants may have an im- studies should pursue a longer to cram for the bar examin50 per cent were successful. perfect conception of the re- course, and have the equiva-ation. Such students have no The foregoing figures are quirements of legal knowledge lent in the number of reci- desire to study any topic not designed to make compari- necessary to a successful tation hours. Every school which is not specifically covsons between the methods and career; or (3) there may be a should be provided with an ered by the examination. The merits of full time day schools wide difference of opinion be- adequate library available for schools have a laudable amand part time night schools, tween the law schools and the the use of the students. There bition to see a large percentbut they do clearly indicate examining committee as to the should be a sufficient number age of their pupils successful that night schools require a things to be taught and of teachers giving their entire in the examination, and conlonger period of study than learned. The real reason time to the school "to insure sciously or unconsciously, the day schools, and confirm the should be sought and reme- actual personal acquaintance instruction is influenced therewisdom of the recent rule died. There should be certain and influence with the whole by. requiring a four-year night fixed standards readily ascer- student body." The bar examining commitschool period of study. It is tained by students and to The elementary principles of tee is always composed of men believed that the additional which they should be required law employed in each state do of learning and integrity, men year will serve to place the rigidly to conform, both as to not greatly differ from those of exceptional ability and high two classes of schools on an the preliminary general learn- employed in every other state, standing in the profession, and equality. It should be stated ing, the subjects of the law and yet there is the greatest yet their work is not entirely that one night school previ- to be covered, and the thor- divergence among the states free from just criticism. Their ously voluntarily established oughness with which they are as to manner and method of practice has been for the the four-year course and that to be mastered. The require- ascertaining whether an appli- most part to propound hypoothers were advocat.ng that ments of a period of registra- cant for admission is suffic-thetical questions, and it is intion is nothing more nor less iently learned to be awarded evitable that the majority of it it is necessary to say any- than a farce. It is self-evi- a certificate. There is not in them cover points decided in thing about teaching by quiz dent that many students will any state any governmental recent cases. The facts are methods, it must be stated that acquire as much knowledge in regulation of law schools or usually complex, and the prinsuch methods are superficial, two years as others in three requirement that any partic- ciples decided are rarely eleand serve no purpose except or four, and it is well known ular subjects shall be taught mentary. Doubtful elements to prepare those students for that many students give only or that any prescribed method must have been involved, oththe bar examination who fail a small fraction of their time shall be employed in teaching. erwise the controversy would to appreciate the necessity for to legal stud.es, while others In nearly all law schools, a not have run the gauntlet of a broad foundat.on and a com- devote their entire time, ener- large part of the teaching all the courts. Many questions prehensive superstructure as gy, and attention thereto. In force is composed of busy pertain to practice and prothe only sure preparation for addition to being a farce, it lawyers and judges who make cedure and to statutory proa successful career at the bar. has also become a source of a real sacrifice of their own visions, all of which are peculThough we have not yet fraud by reason of gross im- interests to those of the pro- iar to the state and concerning arrived at the place where positions and false represen- fession. Such teaching has which no instruction is given students are required to pur-tations as to the time and the advantage of being practi- in schools outside of the state. sue their legal studies in law manner of pursuing studies cal, but is necessarily lacking Such subjects can of course schools, the results of the ex- on the part of the students, in thorough and systematic, best be learned by the student plan. To lawyers desirous of entering the teaching profession and to deans of law school faculties in need of new instructors we cordially extend an invitation to write us that we may assist in bringing both parties together. On request we supply to boards of bar examiners copies of bar examination other questions used in states, and offer our columns for the publication by such boards of changes in rules for admission to the bar and other notices. It is our desire to perform the greatest possible measure of service to the legal profession, and we ingeneral correspondence to that end. vite LEGAL RESEARCH-WHY AND HOW (Continued from page 3) has been a task unlike any tion gleaned from other opportunity to get a copy. It 1S To-day this vast storehouse of legal research information Legal Research, more than is placed at the disposal of $30,000 worth of prize sets of any student in any school in Corpus Juris-Cyc were America, free of charge, upon awarded last year in the request. PRINCIPLES AND schools where the course was PRACTICE OF LEGAL RE-taught. The same offer is beSEARCH is the title of the ing renewed for this year. book which does this. Writ- Are YOU taking the course? ten by Dr. Donald J. Kiser, Why not? It will give you Associate Editor in Chief of vastly more than value reno course, get your free Corpus Juris, the book is a ceived for your time, and in copy of PRINCIPLES AND brilliant presentation, clear addition you may win a set PRACTICE OF LEGAL and lucid in its breaking of Corpus Juris worth hun- RESEARCH and study it through of what has been a dreds of dollars. Have you a and don't lay it on tremendous barrier for even copy of PRINCIPLES AND the table with the resolve the most learned lawyers. In PRACTICE OF LEGAL fact, about two thirds of the RESEARCH? If not, take the end of the present term. to read it and study it after law schools in America have the time to write the pubEvery hour you devote to its adopted PRINCIPLES AND lishers of this paper and rePRACTICE as a text upon quest a copy. It is free, and mastery NOW will save you Legal Research Training, and we would like to know that a week when the time comes scores of professors preparing Moot who every student in every law for teach the course have written school in America has had an Court brief. that it has proven a Godsend to them, as well as to their students. your INTENSIVE TRAINING FOR BAR more N. M. 1923 26 17 9 34 N. Y. Yr. 1923 1057 54 N. D. July '23 No exact "All 9334 It is the intention of "The Law Student" to reprint this table from month to month, adding to it as data and figures from additional states are received, until it is complete as to each state and presents a bird'seye view of the severity of bar examinations over all the country. This treatise simplifies research. It proceeds by a process of elimination by grouping the 450 titles of law under You know how an athlete to the Corpus Juris-Cyc Sysseven grand divisions. It is for full and accurate not difficult to classify any trains-by doing repeatedly in tem problem as being a question practice what he must finally answers. of either Persons, Property, do in competition. The sprint- The response to the departContracts, Torts, Remedies, er practices starts and short ment of state bar questions Government, or Crimes. Neith- sprints. The distance man featured in "The Law Studer is it difficult to select the practices his own specialty, ent" throughout the school right title under some sub- and the pole vaulter his. In year 1923-1924 was so cordial head of a grand division where the same way the law student as emphatically to indicate all related titles are alpha- should accustom himself to the utility and benefit to law betically grouped. analyze and answer state bar students of practice in analyzFollowing the locating of examination questions, since ing and answering such questhe title, Dr. Kiser directs the bar examination will be tions in anticipation of bar exthe student through every the first decisive test of his aminations. The present book step necessary to the final de- professional career. Knowing has been prepared to give termination of the law. His the law is not quite enough; students opportunity for fursystematic language is simple, not he must also be able to apply ther and wrapped up in technical verb- his knowledge to the particu- work in the same direction. lage. It is direct; there is no lar question, after analyzing it Examination passing is an circumlocution and no unnec- to its fundamental principles, art that requires something essary phraseology. The treat- and to state the resulting more than mere knowledge of One ise is thorough, for it is the answer clearly, accurately, the subject involved. embodiment of what the edi- and within the time that will must also know how to analyze tors of Corpus Juris must be allowed him by the bar questions, how to apply his cover the whole field of law fide law students at the cost know and do in finding and examiners, also to proper knowledge, how express by simple abstract questions, price of $2.00. Do not jeopardapplying the law. It is the form. In these matters "prac- his thoughts, and how to cast but, so far as the editor is ize your chances of passing answers into golden key that unlocks the tice makes perfect." proper form. advised, our FIRST BOOK your bar examination by failcommon law's vast storehouse To assist law students in Frequently brilliant students OF BAR QUESTIONS is ing to send in your order for of legal wisdom and prece- acquiring facility in analyzing fail at state bar examina- the only compilation of actual this book at once. It will dent. It is the straight path and answering questions of tions, because, though they state bar examination ques- prove invaluable for the purfrom floundering for prece- law such as are embodied in have faithfully in tions, with references for an- pose it is intended to serve, dents to a speedy and unfail- state bar examination papers, acquiring know-swers, now available to give containing, as it does, an ining answer to every question The American Law Book ledge of the law, they have the law student the practice troduction outlining precisethat has ever been answered Company, at the request of paid no attention to the mat- in analyzing and dealing with ly how to use it in order to by the courts of record. the editor of "The Lawter of learning how to analyze such questions which he so obtain maximum benefit. *Published in 520 pages, However, develop ng ability Student," has prepared and complicated questions and to imperatively needs. As is the case with other to find the law is like learn- published its FIRST BOOK state their conclusions clearon good paper and stronging to swim. No amount of OF BAR QUESTIONS, com- ly, accurately, briefly, and in books published by The Amer- bound in fabrikoid, abstract information is suffici- prising five hundred actual the form required by state bar ican Law Book Company es- flexible for the pocket. ent. One must do the actual state bar examination quest- examiners. There are ava l-pecially for the use of stu- See special combination thing itself, and gain facility ions taken from recent exam- able for the use of students dents, FIRST BOOK OF BAK book offer on page 16 of "The Law Student." through applying the informa- ination papers with references many quizzers attempting to QUESTIONS is sold to bona in worked school at ly FACULTY OF THE LAW SCHOOL OF PORTO RICO Left to right (standing) Profs. Rafael Martinez Alvares, LL. B., LL. M., Dean; Antonio Gonzalez Lamas, LL. B., LL. M.; Manuel Benitez Flores, LL. B.; Jacinto Texidor, LL. B.; Enrique Campos del Toro (Instructor) LL. B.; (seated) Peter J. Hamilton, LL. B.; Manuel F. Rossy, LL. B.; Juan B. Soto, Ph. D., LL. B.; and Manuel Cruz Horta (Instructor) LL. B. We reprint herewith from states of fact, so can these William Lawrence Clark's problems from Mr. Clark's "Outlines for Review of the book. Corpus Juris-Cyc referFundamental Principles of the ences for correct answers are Law," at pages liii to lvii, cer- given after each problem. tain questions and problems of the law of Agency which can be answered by reference to 418. Mr. Clark's text or to Corpus Juris-Cyc. Questions Define "agency," "agent," and "principal." 419. As we have stated before, the correct way to use these questions is to endeavor to answer them in writing with- 420. out reference to Mr. Clark's text, then to turn to the text and verify the accuracy of your answers, and, finally, to 421. investigate the Corpus JurisCyc citations in the footnotes to Mr. Clark's text, first, to 422. learn the application of the legal principles to specific 423. states of fact, second, to discover the exact position of your state jurisdiction on the principles and applications thereof involved in the ques- 424. tions. The problems printed herewith are more in the nature of questions from a bar exam- 425. ination than they are in the nature of a quizzer, and just as our specimen state bar examination questions (see pages and 9) can be used as training in analyzing fairly complex 426. 430. 431. 432. 433. 434. 435. 436. What is the difference between an agent and a servant? Give an illustration. What is the difference between an agent and an independent contractor? Give an illustration. Name some of the special kinds of agents, defining them. What is the rule as to the agency of partners? Can an infant or married woman (at common law) make a contract through an agent, and if so, to what extent? Can an infant or married woman (at common law) make a contract as agent for another; and why? What is the effect where a contract of agency con- 440. templates an illegal object? 437. 438. 439. In what ways may the 441. relation of principal and agent be created? State in a general way the duties which an agent owes to his principal. State in a general way the duties which a principal owes to his agent. Is the agent entitled to any remuneration for any transaction which was illegal? Upon what do the rights and liabilities of the principal and agent to third person in contract depend? What rules apply where the principal is named? What rules apply where the existence but not the name of the principal is disclosed? What rules apply where the existence of a principal is not disclosed? What is the liability of a principal for the torts of his agent? When is a principal liable for the fraud of his agent? When is a person dealing with the agent liable to the principal in tort? When is an agent personally liable to third persons for wrongful acts done while acting in be- sued A and B. What defense, half of his principal? if any, have A and B? Agency 442. How may the authority 2 C. J. sections 9, 21; Infants of an agent be deter- 31 C. J. sections 27, 30, 186; mined? Husb. & W. 30 C. J. section 443. What is the effect of such 333. termination in each case on subsequent acts of the parties? Problems 147. A employed B as his agent in some illegal stock gambling transactions which netted A a considerable profit. A then refused to pay B the 145. A directed his secretary stipulated compensation. B B to make the necessary ar- sued A to recover this comrangements to have a suitable pensation. Had A any defense ten-room residence built for to B's action? Agency 2 C. J. A and his wife, and to draw section 427. upon A for the necessary 148. A employed B to manfunds. B bought a suitable age his stock farm, with aulot from C who was acting thority to buy horses for him. under a power of attorney He afterward revoked the from D, the owner. B then agency to buy but did not engaged E to undertake the give notice of the revocation building of the house, E to to persons who had been dealfurnish all the labor and ma- ing with B as his agent. B terials and to complete the afterward bought a horse for house for a stated sum. EA from one who had previousengaged the necessary labor- ly dealt with him, and who did ers and the mechanics. Classi- not know the agency was refy each person involved, as voked. Was A liable for the principal, agent, independent price of the horse; and why? contractor, servant, etc. Agen- Agency 2 C. J. section 165. cy 2 C. J. sections 7, 29; Mas- 149. A bought a horse for B ter & S. 26 Cyc 965, 966, 970. but without B's knowledge or 146. A, an infant, and B, an consent. B kept and used the adult, employed C, an infant horse for a day with knowmarried woman, to sign a joint ledge of the facts, and then and several promissory note repudiated A's purchase and of A and B, payable to D. In offered to return the horse, accordance with her instruc- on the ground that A had no tions C signed the note as authority to bind him. Was B agent of A and B. The note liable for the price; and why? not being paid when due, D Agency 2 C. J. section 121. YOU TOO CAN DO IT Forty-four years ago, Marcus L. Bell, millionaire vice-president and general counsel of the Chicago, Rock Island, and Pacific Railway, was born in the "poor section" of Pine Bluff, Arkansas. The family was extremely poor. Young Bell started life as an errand boy. He studied by the light of a kerosene lamp. When he was 15 years old he entered college and worked his way through. His first "job" was as teacher of mathematics in a boys' school, at Searcy, Ark. During his spare time he mastered shorthand. There was an opening for a court stenographer in Pine Bluff and he begged for the chance. He was given a trial and made good. With this entrée into the courts he forged ahead in law. In 1902 he was admitted to the bar, and opened a law office over a grocery store. In 1903 he closed up shop, and, working his way to Chicago as a freight handler, he entered the University of Chicago Law School. Returning to Pine Bluff, he tried real estate law, but made little money. Answering an advertisement in the Chicago Tribune for a stenographer in the Rock Island Railway offices he finally secured the position at $100 a month. He worked fourteen hours a day, but received no extra compensation for his labors. In 1909, after having started at the very bottom and climbing step by step he was chosen Assistant General Attorney of the road. The following April he was made General Attorney. In 1914 he was made General Solicitor, and put in charge of all the company's litigation. On June 28, 1917, or thirteen years and one day from the day he started as a stenographer, Mr. Bell was made VicePresident and General Counsel of the whole Rock Island System, the highest legal position in the organization. Mr. Bell's magnificent home is in Pine Bluff. His advice is: "Never grumble once. Work like the very devil. Save something out of every dollar you make. Be patient." [Whit Hadley in Manchester Tennessee Times.] |