Saginaw, Michigan GENERAL PRACTICE NAEGELY & HOPKINS Attorneys and Counsellors at Law AGGRESSIVE COMMERCIAL DEPARTMENT MAINTAINED divisible, in the absence of other evidence that it was the intention of the parties that it should be divisible. The divisibility of a contract for the sale of an outfit plant or machine, is discussed in the note accompanying this case in 4 A.L.R. 1434. Sale-seller holding for buyer. Although the goods remain in the possession of the seller, it is held in Bicknell v. Owyhee Sheep & Land Co. 31 Idaho, 696, 176 Pac. 782, that there may be a receipt by the buyer, if the former ceases to hold as owner and agrees to hold as bailee of the latter. The question as to when goods remaining in the custody of the seller or some third person will be deemed to have been received by the buyer, within the exception to the Statute of Frauds, is treated in the note which follows this case in 4 A.L.R. 897. Specific performance inability to give title. A novel question was presented in the North Dakota case of Brugman v. Charlson, 171 N. W. 882, 4 A.L.R. 400, which holds that in an action for specific performance to enforce a contract for the sale of land by the vendor, where such vendor has tendered, or has offered to perform by the delivery of a deed delivered to him by his grantors, with the name of the grantees there in blank, and where the vendor does not show an ability to furnish a title, or a conveyance directly from his grantors to the purchaser, or from himself to the purchaser, which is reasonably free from doubt, equity will not decree specific performance. Sunday games without admission. fee as work. A municipal ordinance permitting the playing of ball games in the public parks on Sunday if no admission fee is charged is held in the Maryland case of Levering v. Williams, 106 Atl. 176, to contravene a statute forbidding work and labor on that day, since the games might be plaved by persons who secured their living in that way. Bearinger Building The subject of sports, games or amusements as work, labor avocation or business, within Sunday laws, is discussed in the note accompanying this case in 4 A.L.R. 374. Sunday playing baseball as a common avocation. Playing professional baseball is held in the Tennessee case of State v. Nashville Baseball Asso. 211 S. W. 357, 4 A.L.R. 368, not to be within a statute making it unlawful for any merchant, artificer, tradesman, farmer, or other person to do or exercise any of the common avocations of life on Sunday, which was passed before the playing of baseball began. Tax inheritance money paid under antenuptial agreement. The applicability of the Succession Tax Law to an antenuptial contract was considered in the California case of Re Minor, 180 Pac. 813, annotated in 4 A.L.R. 456, which holds that money paid by a man to his wife in satisfaction of an antenuptial agreement is not paid in contemplation of death, within the meaning of the Inheritance Tax Law, even though he was seventy-eight years old when the agreement was made, and the property conveyed is to be in lieu of all the wife's interest in the husband's estate, if he was in sound health and in active management of his affairs. Treaty effect on state. A treaty made under the authority of the United States and within the scope of the legitimate powers vested by the Constitution is the supreme law of the land; its provisions supersede and render nugatory all conflicting provisions in the laws or Constitution of any state; and, in case such conflict arises, it is held the duty of the judges of every state to uphold and enforce the treaty provisions in the North Dakota case of Trott v. State, 171 N. W. 827, which is accompanied in 4 A.L.R. 1372, by a note on the relation of a treaty to state and Federal law. Waiver of date for abstract of title effect. The waiver by a purchaser of real estate of the agreement by the vendor to furnish abstracts of title on a specified date is held not to relieve him from the duty to perform within a reasonable time in the Iowa case of Carroll v. Mundy & Scott, 170 N. W. 790, which is accompanied in 4 A.L.R. 811, by a note on the time for performance of a contract for the sale or exchange of land, where the time fixed by the contract has been waived. Water accumulation in cellar removal. Reasonable care it is held in Foss-Schneider Brewing Co. v. Ulland, 97 Ohio St. 210, 119 N. E. 454, does not require an owner of city property to permit flood waters to accumulate in his cellar, to the destruction of property stored therein, in order to equal or neutralize the hydrostatic pressure, and thereby prevent the flow of the waters permitted to accumulate upon the adjoining premises. The right of a property owner to remove or repel flood water from his building is considered in the note which accompanies this decision in 4 A.L.R. 1098. Workmen's compensation - wilful misconduct passing between standing cars. Passing between standing cars. after being notified that they were about to be moved is held in Baltimore Car Foundry Co. v. Ruzicka, 132 Md. 491, 104 Atl. 167, not to be within a provision of the Workmen's Compensation Act denying recovery for injury due to wilful misconduct. The decisions as to what serious and wilful misconduct of an employee will deprive him of the right to compensation are gathered in the note accompanying the foregoing case in 4 A.L.R. 113. Legal Directory and Law List Publishers This list of Legal Directory and Law List publishers is printed for the information of the public and for the furtherance of the object of The American Legal News, to print the news and be to its readers a source of instruction and information in all that pertains to commercial law and collections It must be distinctly understood that by publishing this list we do not assume responsibility for its character, nor must we be taken as standing sponser for the good behavior of any whose names appear in it. By publishing this list we do not pretend to recommend any whose names appear in it. 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