Evening Republican, Volume 14, Number 38, Rensselaer, Jasper County, 14 February 1910 — Legal Information [ARTICLE]

Legal Information

The financial ability of the purchaser to perform his contract to purchase real estate Is held, in Moore vs. Irvin (Ark.), 116 S. W. 622, 20 L. R. A. (N. 8.) 1168, not to deprive the broker of his commission, where a binding contract for sale is effected through his agency, in the absence of fraud or warranty, on his part, of the customer’s financial ability. One who holds himself out as a specialist in the treatment of a certain organ, injury or disease is held, in Rann vs. Twitchell (Vt.), 71 Atl. 1045, R. L. A. (N. S.) 1030, to be bound to bring to the aid of one employing him as such that degree of skill and knowledge which is ordinarily possessed by those who devote special study and attention to that particular organ, Injury, or disease. Its diagnosis and its treatment, in the same general locality, having regard to the state of scientific knowledge fCt the time. A contract for. space, for a term of years, on a particular floor of a building occupied by a department store, in which to conduct a particular line oi business in connection with the general enterprise, which is to be paid for by a monthly rental and a percentage of sales in excess of a certain amount, is held, in Martin Emerlcb Outfitting Co. vs. Siegel, Cooper k Co.. 237 111. 610, 86 >T E. 1104, 20 L. R, A. (N. 8.) 1114, to be terminated by the destruction of the building, and the beneficiary Is denied the right to Insist on the allotment of space In the new building to which the department store business Is moved. Although a contract for accident Insurance, the premiums on which are to be paid monthly, expressly provides that they must be paid on the first day of each month, without notice, yet, If for ten months the insured is sent notice of tjie maturity of the premium, with a request that it be sent In a self-addressed envelope, It Is held, In Knoebel vs. North American Aoct. Ins. iC0.,,135 Wls. 424, 115 N. W. 1094, 20 L. R. A. (N. 8.) 1037, that the Insurer cannot suddenly, without warning, cease to send the notice, and forfeit the policy for non-payment, which occurs because the assured htw. In good faith, waited for the usual notice; especially where the payments were to be entered in a book which must always be presented,, with the payment, so that assured might well assume that the only safe way of preserving the book was In sending It aa directed by the Insurer, to a poetofflce address designated by it.