List of New Law Books Source: The American Law Register (1852-1891), Vol. 22, No. 1, New Series Volume 13 (Jan., 1874), pp. 63-64 Published by: The University of Pennsylvania Law Review Stable URL: http://www.jstor.org/stable/3303659 . Accessed: 22/05/2014 14:24 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. . The University of Pennsylvania Law Review is collaborating with JSTOR to digitize, preserve and extend access to The American Law Register (1852-1891). http://www.jstor.org This content downloaded from 194.29.185.239 on Thu, 22 May 2014 14:24:53 PM All use subject to JSTOR Terms and Conditions
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List of New Law BooksSource: The American Law Register (1852-1891), Vol. 22, No. 1, New Series Volume 13 (Jan.,1874), pp. 63-64Published by: The University of Pennsylvania Law ReviewStable URL: http://www.jstor.org/stable/3303659 .
Accessed: 22/05/2014 14:24
Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at .http://www.jstor.org/page/info/about/policies/terms.jsp
.JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range ofcontent in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new formsof scholarship. For more information about JSTOR, please contact [email protected].
.
The University of Pennsylvania Law Review is collaborating with JSTOR to digitize, preserve and extendaccess to The American Law Register (1852-1891).
http://www.jstor.org
This content downloaded from 194.29.185.239 on Thu, 22 May 2014 14:24:53 PMAll use subject to JSTOR Terms and Conditions
LIST OF NEW LAW BOOKS. LIST OF NEW LAW BOOKS. 63 63
VENDOR AND PURCHASER. See Debtor and Creditor.
Refusal of Vendor to perform-Specific Performance-Interest- Damages.-A vendor of real estate who unwarrantably refuses to accept the instalments of purchase-money stipulated in the contract of sale, declares the contract at an end because they were not offered at the time prescribed, and retains possession of the premises, is not entitled to interest on such moneys from the dates fixed for their payment by the contract to the date of the final decree enforcing specific perform- ance: King v. Ruckman, 9 C. E. Green.
Where, under a contract for the conveyance of real estate, a certain sum was to be paid at the delivery of the deed, and the balance was to be secured by mortgage payable in five equal annual instalments from the date of the agreement, but, by reason of the vendor's refusal to perform the contract, and of the delays in the suit brought to enforce it, five years elapsed before final decree compelling performance was ob- tained, the vendee will not be required to pay such balance in cash; it may be secured by mortgage upon the terms provided in the contract: Id.
The rule of law, that where a vendor of real estate unwarrantably refuses to execute his contract, the rule of damages applicable in cases of sale of personal property is in all respects apposite, and that the measure of damages is the difference between the contract price and the market value at the stipulated time of delivery, will be adopted as the rule for the measurement of damages in a suit for specific performance, when it suffices for the equity of the case: Idl.
Compensation or allowance to either party in respect to lands which the vendor held contracts for but was unable to convey, refused: Id.
WAGER. See Contract.
WITNESS. See Constitutional Law.
40f
LIST OF NEW LAW BOOKS.
BISSELL.--Cases in the Circuit and District Courts of the United States, for the Seventh Circuit. By JosIAH H. BISSELL. Vol. 2. Chicago: Cal- laghan & Co.
CALTFORNIA.-Reports of Cases in the Supreme Court. Vol. 43. By CHAS. A. TUTTLE. San Francisco: S. Whitney & Co. CAMPBELL.-Lives of the Chief Justices of England. By JOHN, Lord
CAMPBELL. 4 Vols., 8vo. N. Y.: James Cockcroft & Co.
CINCINNATI.--Superior Court Reporter, Reports of Select Cases decided in the Superior Court of Cincinnati, 1870-1873. By C. P. TAFT. B. STORER, JR., and P. R. TAFT. 2 Vols. 8vo. Cincinnati: R. Clarke & Co. $12.
CONNECTICUT.-Reports of Cases in the Supreme Court of Errors. Vol. 39. By JOHN IHOOKER. Iartford: Case, Lockwood & Brainard.
CURTIS.-Treatise on the Law of Patents. By GEO. TICKNOR CURTIS. 4th Ed. Boston: Little, Brown & Co.
DELAWARE.-Reports of Cases in the Court of Errors and Appeals. By JNO. W. HOUSTON. Vol. 3. Wilmington: James & Webb, Prs.
DILL,ON.-Cases in the United States Circuit Courts for the Eighth Circuit. By JOHN F. DILLON. Vol. 2. Davenport: Day, Egbert & Fidlar.
VENDOR AND PURCHASER. See Debtor and Creditor.
Refusal of Vendor to perform-Specific Performance-Interest- Damages.-A vendor of real estate who unwarrantably refuses to accept the instalments of purchase-money stipulated in the contract of sale, declares the contract at an end because they were not offered at the time prescribed, and retains possession of the premises, is not entitled to interest on such moneys from the dates fixed for their payment by the contract to the date of the final decree enforcing specific perform- ance: King v. Ruckman, 9 C. E. Green.
Where, under a contract for the conveyance of real estate, a certain sum was to be paid at the delivery of the deed, and the balance was to be secured by mortgage payable in five equal annual instalments from the date of the agreement, but, by reason of the vendor's refusal to perform the contract, and of the delays in the suit brought to enforce it, five years elapsed before final decree compelling performance was ob- tained, the vendee will not be required to pay such balance in cash; it may be secured by mortgage upon the terms provided in the contract: Id.
The rule of law, that where a vendor of real estate unwarrantably refuses to execute his contract, the rule of damages applicable in cases of sale of personal property is in all respects apposite, and that the measure of damages is the difference between the contract price and the market value at the stipulated time of delivery, will be adopted as the rule for the measurement of damages in a suit for specific performance, when it suffices for the equity of the case: Idl.
Compensation or allowance to either party in respect to lands which the vendor held contracts for but was unable to convey, refused: Id.
WAGER. See Contract.
WITNESS. See Constitutional Law.
40f
LIST OF NEW LAW BOOKS.
BISSELL.--Cases in the Circuit and District Courts of the United States, for the Seventh Circuit. By JosIAH H. BISSELL. Vol. 2. Chicago: Cal- laghan & Co.
CALTFORNIA.-Reports of Cases in the Supreme Court. Vol. 43. By CHAS. A. TUTTLE. San Francisco: S. Whitney & Co. CAMPBELL.-Lives of the Chief Justices of England. By JOHN, Lord
CAMPBELL. 4 Vols., 8vo. N. Y.: James Cockcroft & Co.
CINCINNATI.--Superior Court Reporter, Reports of Select Cases decided in the Superior Court of Cincinnati, 1870-1873. By C. P. TAFT. B. STORER, JR., and P. R. TAFT. 2 Vols. 8vo. Cincinnati: R. Clarke & Co. $12.
CONNECTICUT.-Reports of Cases in the Supreme Court of Errors. Vol. 39. By JOHN IHOOKER. Iartford: Case, Lockwood & Brainard.
CURTIS.-Treatise on the Law of Patents. By GEO. TICKNOR CURTIS. 4th Ed. Boston: Little, Brown & Co.
DELAWARE.-Reports of Cases in the Court of Errors and Appeals. By JNO. W. HOUSTON. Vol. 3. Wilmington: James & Webb, Prs.
DILL,ON.-Cases in the United States Circuit Courts for the Eighth Circuit. By JOHN F. DILLON. Vol. 2. Davenport: Day, Egbert & Fidlar.
This content downloaded from 194.29.185.239 on Thu, 22 May 2014 14:24:53 PMAll use subject to JSTOR Terms and Conditions
FIsHER.-Reports of Cases arising under Letters Patent for Inventions decided in the Supreme and Circuit Courts of the United States, from 1850 to the present time. By WILLIAM H. FISHER. Vol. 1. 8vo. Cincinnati: R. Clarke & Co. $15.
GILBERT.-Railway Law of Illinois. By FRANK GILBERT. Chicago: Callaghan & Co.
ILLINOTS.-Reports of Cases in the Supreme Court. Vol. 58. By N. L. FREEMAN. Springfield: The Reporter.
LANDIS.-Supplement to Linn's Index .of Pennsylvania Reports. By JESSE LANDIS. Lancaster, Pa.: Inquirer Printing Co.
MARYLAND.-Reports of Cases in the Court of Appeals. Vol. 37. By J. SHAAF STOCKETT. Baltimore: W. K. Boyle & Son, Prs.
MINNESOTA.-Statutes at Large, with references to judicial decisions. By A. H. BISSELL. 2 vols. roy. 8vo. Chicago: Callaghan & Co.
MISSOURI.-Reports of Cases in the Supreme Court. Vol. 52. By T. A. POST. St. Louis: W. J. Gilbert.
MONTESQUIEU.-ThQ Spirit of Laws. By M. DE SECONDAT, Baron DE MONTESQUIEU. Translated by THOS. NUGENT, LL. D. With an Analysis and Memoir by M. D'Alemibert. 2 Vols. 8vo. Cincinnati: R. Clarke & Co. $6.
MURRAY.-Table of Cases Affirmed, Reversed, Cited or Overruled in the Courts of the United States. By FRANCIS P. MURRAY. Albany: Weed, Parsons & Co.
NASH.-Pleading and Practice under the Civil Codes of New York, Ohio, Kansas and Nebraska. By lion. SIMEON NASH. 4th ed. 2 vols. roy. 8vo. Cincinnati: R. Clarke & Co. $15.
NEVADA.-Reports of Cases in the Supreme Court. Vol. 8. By A. HELM and T. H. HITTELL. San Francisco: F. Eastman, Pr.
NEW YORK.-Practice Reports in the Supreme Court and Court of Appeals. By N. HOWARD, JR. Vol. 45. Albany: Gould & Son.
NEW YORK.-Reports of Cases in the Superior Court. By SAMUEL JONES and JAS. C. SPENCER. Vol. 2. New York: Diossy & Co.
NEW YORK.-Reports of Cases in the Supreme Court. By ABR. LANSING. Yol. 7. New York: Banks & Bros.
NEW YORK.-Reports of Cases in the Court of Appeals. By H. E. SICK- ELS. Vol. 7. New York: Banks & Bros.
NORTHr.-Practice in Probate Courts of Illinois. By LEVI NORTH. Chi- cago: Callaghan & Co.
RHODE ISLAND.-Reports of Cases in the Supreme Court. Vol. 9. By J. F. TOBEY. Providence: Hammond, Angell & Co., Prs.
SOUTH CAROLINA.-Cases in the Supreme Court. Vol. 3. By J. S. G. RICHARDSON. Columbia, S. C.: Republican Printing Co.
TEXAs.-Reports of Cases in the Supreme Court. Vol. 35. By E. M. WHEELOCK. Austin: Statesman Office.
WALLACE.-Reports of Cases in the 'Supreme Court of the United States. By JNO. WM. WALLACE. Vol. 16. Washington: W. H. & 0. H. Morrison.
WILCox.-General Railroad Laws of Ohio. By JAMES A. WILCOX. 1 Vol. 8vo. Cincinnati: R. Clarke & Co. $5.
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