Jasper County Democrat, Volume 4, Number 18, Rensselaer, Jasper County, 10 August 1901 — RECENT JUDICIAL DECISIONS. [ARTICLE]

RECENT JUDICIAL DECISIONS.

A building contract is held, in Spence vs. Ham (N. Y.l, 51 1,. R. A. 238, not to he substantially performed where there is an omission to comply with the requirements as to girders and a partition. when this omission creates structural defects which can be remedied only by a partial reconstruction of the building. A stipulation in a contract between a general insurance agent and a solicitor that the latter shall not be the agent of the company Is held, in Hall vs. Union Central Life Insurance Company (Washington), 51 L. A. R. 288, Ineffectual to relieve the company from liability for his acts within the scope of his employment in the collection of premiums. In erecting and maintaining a city prison a municipal corporation Is held, in Gray vs. Griffin (Ga.), 51 L. R. A. 131, to be exercising a purely governmental function, and therefore not to lie liable In damages to a person arrested aud imprisoned therein by its police officers for injuries caused by the Improper construction of negligence in the maintenance of the prison. Cases In which drummer and traveling agents of nonresidents have been held exempt from State license taxes on the ground that they are engaged in Interstate commerce, as Is shown in a note in 14 1.. R. A. 1)7, are distinguished in the case of Racine Iron Company vs. McCoimnons (Ga.), 51 1.. R. A. 134, which holds that a traveling agent who takes orders but receives the goods in bulk upon shipment from another State aud then breaks the packages aud distributes the contents among his customers Is not engaged in interstate commerce.