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500 belonging to Hale were mixed together, what would be the respective rights of Dane and Hale in the mixed flock ?
8 30. Jones, Finch and Gray each deposited 5,000 bushels of grain in Young's warehouse. The grain was all in one common bin. Suppose the building and 10,000 bushels of grain are burned, with no insurance. On whom does the loss fall ?
8 32. Suppose in the above case Young had given a receipt that allowed him when the receipt was presented to return either grain of the same quality or the market value of the grain. Would this have altered the result in case of fire ?
$$ 34, 35. Olsen ordered three loads of hay from White. While White's driver was on the way to Olsen's barns, Dean wrongfully persuaded him to unload them in his (Dean's) barns. When Olsen discovered this he went to Dean's barns and took away about three loads. He thought the loads sent to him by White were two-horse loads whereas they were only one-horse loads, so he took about twice as much from Dean as he should have.. What are Dean's rights against Olsen
8 36. Suppose in the last case that Dean's hay had been of an inferior quality to Olsen's; so that the mixture was not so valuable as Olsen's alone would have been. How would that fact affect the rights of the parties?
§ 38. Smith's boat was run down by a tug. When they got into port Smith began proceedings for damages in an admiralty court and attached the tug. The decree of the court directed that the tug should be sold to satisfy Smith's claim. It was sold and bought in by Hall. It later turned out that at the time of the collision the tug was in the hands of a thief who had stolen it from the true owner. As between the latter and Hall, who is entitled to the tug
8 40. Fales sued Jones for breach of contract and got a judgment for $100. He told the sheriff to levy on and sell a horse that Jones had been using. The sheriff did so and Thayer bought the horse, which in reality belonged not to Jones, but to Murphy. As between Murphy and Thayer, who is entitled to the horse ?
8 43. In 1900 Allen, who had borrowed a mare from Gay some time before, told Gay that he intended to keep it for his own and if Gay did not like it he could sue. A statute provided that actions for the recovery of personal property or for the conversion of it must be brought within four years after the tort. Gay did nothing till 1906, when he found the mare tied in front of Al
len's house and drove away with it and kept it. Allen now seeks to recover the mare from Gay. May he do so?
§ 44. Suppose that in the above case Allen had in 1903 sold the mare to Yoe and then Gay in 1906 bad taken it from Yoe. Could Yoe regain it from Gay
8 45. Suppose Allen had himself kept the mare from 1900 to 1906; and that in 1904 she had a foal. Admitting Allen's right to the mare in 1906, who had the right to the foal, Allen or Gay?
8 46. Morse wrote a letter to Finch, saying “That volume of Shakespeare in my library that you wanted is yours. Please come and get it.” Before Finch could come Morse died. May Finch claim the volume as against Morse's executor
8 47. Holt gave Doane the key to his stable, saying, “I am going to make you a present of the horse and buggy in the stable. They are now yours.” Is this enough to pass title ?
$ 52. Has a livery stable keeper a lien at common law!
8 56. Fogg called an expressman to move his furniture, the latter agreeing to do the job for $15.00. It took three trips to carry all the furniture. On the last trip the expressman delivered all but a sideboard, which he claimed to hold till the $15.00 was paid. Fogg tendered him $5.00, the charge for carrying the last load, claiming that he had lost his lien for the other two loads by delivering them. Is Fogg right?
8 58. Suppose that in the above case the expressman had takon away the sideboard and stored it to preserve his lien. When Fogg came to pay, could the expressman have made him pay the storage charges as well!
$$ 60, 61. Dale hired a suite of furnished rooms at a hotel. After he had been there a while he had a number of rugs sent out to try. The hotel proprietor knew that they were sent out simply on approval. A day later Dale left, not paying his hotel bills. May the hotel keeper hold the rugs as against the owner to enforce his claim against Dale!
8 62. Suppose that Dale had brought the rags with him from another country and the hotel keeper had known that he had no right to them. Could the hotel keeper have enforced his lien against them?
8 63. A thief stole a lot of diamonds and delivered them to an express company to carry out of the state. The express company acted in good faith. The owner discovered them and demanded them from the express company and the latter claimed to hold them for charges. May it do so ?
8 65. A watchmaker who had repaired Hill's watch was holding it to enforce his charges. He wanted to raise some money, so he turned the watch over to Gould and told him to collect the repair charges from Hill and keep them. Hill now claims possession of the watch from Gould. May Gould enforce the lien against it?
8 67. Lane was a wheelwright and had repaired Holt's wagon. He also had a claim against Holt for materials sold some time before. When Holt went to get his wagon, Lane said, “You can't have it until you settle up that old account as well." Holt made no tender, but brought replevin for the wagon. May Lane still enforce his lien for the repairs !
8 68. Rice with his automobile stopped at a hotel for three weeks. He took his auto out every day or two for a trip. When he was about to leave, the hotel keeper tried to hold the auto for all unpaid charges to date. Rice claimed that he could hold the auto only for those charges accruing since it had last been out. Which was right?
872. Stone pledged 100 shares of stock with Balch to secure a loan of $5,000 due July 1. On June 15th Balch, feeling certain that Stone would not redeem the stock, sold it to Doe. On July 1st Stone, without tendering the $5,000 to Balch or Doe, brought action against Balch for converting the stock. Has Balch a defense ?
874. Zane leased a reaper to Olsen for three weeks. Before the time was up Olsen took Zane's reaper apart and began to use the parts to repair some harvest machines of his own. What effect does this act have upon the legal possession of the reaper ?
8 75. Hicks loaned Evans a typewriter to use until Hicks should want it. If the typewriter is damaged, could Hicks' action be brought on the theory that the damage was a violation of his possession or only of his right to possession ?
$78. Doe delivered goods to a railroad. At the end of the trip and while the railroad was holding them for its freight charges, the goods were wrongfully attached by the sheriff on an execution against Gray. The railroad let them go. Does this give Doe the possession, or only the right to possession ?
$ 81. Gore found May's bicycle; took it home and left it outdoors so that it was badly rusted Has May a right of action against Gore 9
8 82. Suppose May had come to claim the bicycle, but refused to identify himself or tell who he was, and Gore bad refused to deliver it to him, would this make Gore liable ?
8 83. Ellis finds Ide's horse on the road, takes him in and keeps him for a month. May he hold him for the keep when claimed by Ide?
8 84. Suppose Ide had advertised that he would "give a liberal reward and no questions asked." Could Ellis then hold the horse for $10.009
Would it affect matters if in discussing the matter Ide had agreed that $10.00 was a fair reward I
Would it make any difference if Ide had advertised that he would give a reward of $10.00?
§ 85. Suppose in the above case that Jones had presented himself to Ellis, pretending to be Ide, the owner, and paid Ellis the $10.00, and had taken the horse and Ellis had shortly after discovered that he was not the owner, could Ellis recover the horse from Jones?
$ 86. A passenger in a Pullman car finds a watch. He turns it in at the Lost and Found Office of the Pullman Company. No one ever appears to claim it. Is the finder entitled to recover it from the Pullman Company?
8 87. Green hired Dane to dig a well on Green's land. While Dane was digging he found a box of money buried eight feet under the soil, the former owner being unknown. To whom did it belong, Green or Dane?
8 89. Suppose Dane had heard that there was money buried on Green's land and had come on it without Green's permission and had found the money. To whom would it belong?
8 13. Could a person who discovered a variation on the Darwinian law of the survival of the fittest patent his discovery!
8 14. Would a larger handle on a screw driver, so as to give a better grip, be patentable
Would lengthening the distance between the wheels of a bicycle so as to make it ride more easily be patentable
816. Can a combination of already known processes and materials ever give rise to a new patentable device?
$ 17. Must a device, in order to be patentable, be one in which the patentee has expended careful study as distinguished from a case where the idea occurred to him intuitively?
8 18. Would a shoe with a broad, heavy sole be patentable as a device for tramping down the earth around posts?
Would it make any difference that the person seeking the patent had never seen persons doing that with ordinary shoes ?
§ 19. Would an improved roulette wheel be patentable ?
8 23. Allen had the idea of a machine for washing windows, but it would work only on large panes; Bates suggested a change whereby it would work on both large and small panes. Should Allen and Bates apply for a patent as joint inventors or as separate inventors ?
If an inventor assigns his invention before patenting, who should apply for the patent, and to whom should it be issued ?
8 27. What is the theory on which patent specifications are supposed to be drawn?
What is the effect if in patenting the device too broad a claim is made
What is the effect if too narrow a claim is made?
8 34. If the patent commissioner discovers that a patent has been issued to a subsequent inventor where it should have been issued to a prior inventor, may be cancel the patent so issued ?
§ 38. For how long may a patent right be extended ! 8 39. Suppose an inventor has his invention almost perfected