INDEX.

ACCEPTANCE. See Contracts, 40.

ACCIDENT INSURANCE. See Negligence, 38, 39.

ACCOMPLICE. See Criminal Law, 74.

ACCOUNTING. See Trusts, 10.

ACCOUNTS. See Statute of Limitations, 2.

ACKNOWLEDGMENTS. See Contracts, 5.

AFFIDAVITS. See Criminal Law, 57.

AGENCY.

1. APPOINTMENT OF AGENT TO MAKE DELIVERY-DEATH OF PRIN-
CIPAL BEFORE DELIVERY EFFECT.-Where a
person constitutes
another his agent for the purpose of making delivery of certain
property to a third party, but dies before such delivery is made,
the agency is revoked, and no title passes. (Green v. Hynes, 198.)
2. AUTHORITY TO SELL REAL ESTATE-UNAUTHORIZED CONTRACT.—
Under a written contract authorizing real estate agents to sell
certain lots of land for a stated sum per acre net to the owners,
the terms of sale to be "not less than one-fifth cash down, and
the balance in four equal annual installments, with interest on
deferred payments payable semi-annually, quarterly or monthly at
the rate of six per cent per annum," such agents might sell the
lots for as much more than such stated sum per acre as they are
able to obtain, the surplus to be their reward, in any event the
transaction to be a cash transaction; but one of them has no
authority, either in his own name or in the name of the owners, to
enter into a contract binding the owners to sell one of the lots
to a person taking as part payment the equitable interest of such
person in an entirely different tract of land in which such owners
had no interest but which such agent had contracted to convey
to such purchaser. (Schmaling v. Swain, 266.)

3. EMPLOYMENT

FOR INDEFINITE PERIOD TERMINATION-NOTICE.-
Where a contract of agency is for an indefinite period, the prin-
cipal, in order to terminate it, must give notice of its cancellation.
(U. S. Farm Land Co. v. Darter, 292.)

(803)

AGENCY (Continued).

4. RESCISSION OF EXECUTORY CONTRACT.-While a contract of employment remains executory, the principal may rescind it, but the party claiming the right of rescission must give notice to the other party to the contract of the fact that he does withdraw, and this before the other party has performed. (Id.)

5. CONTINUANCE OF AGENCY-PRESUMPTION.—The presumption is in favor of the continuance of the agency. (Id.)

6. EXECUTION OF CONTRACT OF PURCHASE SUBSEQUENT MODIFICATION OF CONTRACT OF EMPLOYMENT.—A contract employing an agent to sell real property is not subject to modification by the owner after the purchaser has entered into a binding contract to purchase the property. So far as the broker is concerned, this constitutes a sale. (Id.)

-

7. RELATION BETWEEN PARTIES TRIAL THEORY APPEAL. -NEW THEORY ESTOPPEL.-Where the pleadings admit and the case is tried upon the theory that the relation between the defendant and the plaintiff was that of principal and agent, the defendant will not, on appeal, be heard to advance the theory that the relation between them was that of vendor and purchaser. (Id.)

See Broker's Commissions, 1, 2; Contracts, 16, 28; Corporations, 1.

ALTERATION OF INSTRUMENTS. See Negotiable Instruments.

ANIMALS. See Statute of Limitations, 4.

ANNEXATION. See Municipal Corporations, 2.

APPEAL.

1. RECORD-INSUFFICIENT BRIEFS.-Where an appeal is taken under the alternative method, it is the duty of the appellant to print in his brief, or in a supplement thereto, such portions of the record as he desires to call to the attention of the appellate court. (Arthur v. Fetterman, 53.)

2. JUDGMENT PRESUMPTION.—The appellate court is bound to assume, in the absence of satisfactory showing to the contrary, that the judgment of the trial court was correct. (Gustafson v. Wasson, 70.)

3. ALTERNATIVE METHOD BRIEFS-RECORD.-Where an appeal is taken under the alternative method, the appellant must print in his opening brief the portions of the record on which he relies. The incorporation of the same in his closing brief does not constitute a compliance with the statute. (Id.)

4. ALTERNATIVE METHOD INSUFFICIENT BRIEFS.-Where an appeal is taken under the alternative method, the appellate court will not

APPEAL (Continued).

refer to any portions of the record which are merely indicated as by page of the transcript. (Schultheiss Bros. Co. v. Hunziker, 73.)

5. ALTERNATIVE REMEDY-BRIEFS.-Where an appeal is taken under the alternative method, both parties must print in their briefs, or in a supplement thereto, such portions of the record as they desire to call to the attention of the court. It is not sufficient to call attention to certain folios of the transcript. (Schaad v. Barceloux, 337.)

6. ORDER DENYING NEW TRIAL-SUFFICIENCY OF COMPLAINT. On an appeal from an order denying a motion for a new trial, the sufficiency of the complaint cannot be reviewed. (Hale v. Kennedy, 398.)

7. CONFLICT OF EVIDENCE-JURISDICTION OF APPELLATE TRIBUNAL.— The matter of resolving conflicting evidence is for the trial court, and if any substantial conflict appears, the appellate tribunal has no right to disturb the conclusion reached by the trial court. (Id.)

8. ERROR WARRANTING REVERSAL-RECORD.-Error warranting a reversal must affirmatively appear in the record, otherwise the appellate court cannot determine whether a substantial right of a defendant has been prejudiced by a ruling assigned as error. (People v. Bray, 465.)

9. EXCLUSION OF DOCUMENTARY EVIDENCE - PERFECTING OF RECORD STATEMENTS OF COUNSEL INSUFFICIENT.-Where documentary evidence is offered and refused, the contents of the writing, or so much thereof as is necessary to show that error has been committed, should be set forth in the record on appeal. Statements of counsel, made to the court at the time of offer, will not supply the lack of the document itself or of so much thereof as may be sufficient to enable the appellate court to determine whether the rejection of the offered writing was prejudicial to any substantial right of the appellant. (Id.)

10. ALTERNATIVE METHOD-RECORD REQUIRED IN BRIEFS.-Where an appeal is taken under the alternative method, the appellant is only required to print in his brief such portions of the record as may be necessary to present to the appellate court, fairly and lucidly, the points upon which he relies. (McAuliff v. McFadden, 505.) 11. FAILURE TO PRINT PLEADINGS-FACTS ADMITTED BY PLEADINGS NOT BEFORE COURT.-Where an appeal is taken under the alternative method, and the entire complaint and entire answer is not printed in appellant's brief, the appellate court cannot consider his claim that certain facts, material to the questions presented, were admitted by the answer. (Id.)