EDITORIAL DEPARTMENT

373

MASTER AND SERVANT. " What Persons PROCEDURE. " The Character of Govern are within the Purview of Statutes affecting ment depends upon its Legal Procedure," by the Enforcement of Claims for Service?" by W. T. Hughes, May Illinois Law Review C. B. Labatt, Canada Law Journal (V. xliv, (V. iii, p. 24). PROPERTY. "The Erection and Main p. 369). MASTER AND SERVANT. " The Basis of tenance of Buildings," by O. H. Myrick, a Master's Liability for the Wilful Wrongs of Central Law Journal (V. Ixvi, p. 443). His Servant," by Herbert Nicholls, Common PUBLIC POLICY. " Bar Associations and wealth Law Review (V. v, p. 145). the State," by Richard S. Harvey, American MINING. " Comparison between the Mining Lawyer (V. xvi, p. 201). REAL PROPERTY (Waste). " Liability for Laws of United States and Mexico," by Fred erick R. Kellogg, American Lawyer (V. xvi, Waste. I. At Common Law," by George W. Kirchwey, Columbia Law Review (V. viii, p. 205). p. 425). Giving not only the common law as MUNICIPAL CORPORATIONS. " Municipal to waste but the statutes of Marlbridge and Government by Commission," by W. H. Moore, Canadian Law Times and Review (V. xxviii, Gloucester. SALES (Express Warranty). " What Con P- 336). MUNICIPAL CORPORATIONS. " Are Cities stitutes an Express Warranty in the Law of and Towns Liable for Negligence in Manage Sales," by Samuel Williston, Harvard Law ment of Public Parks? " by George W. Payne, Review (V. xxi, p. 555). Considering what promises or statements make a seller liable for Central Law Journal (V. Ixvi, p. 463). the character or quality of the goods which are NEGLIGENCE. "The Use of the Phrase the subject of the sale. ' Res Ipsa Loquitur,' " by C. T. Bond, Central The action on a warranty was conceived of Law Journal (V. Ixvi, p. 386). at the outset as an action of tort, and the law PRACTICE. " Organization of a Legal of warranty is older by a century than special Business," by R. V. Harris, Canadian Law assumpsit. The action upon the case on a Times and Review (V. xxviii, p. 362). warranty seems to have been one of the bases PRACTICE. " Striking out Sham De upon which the law of assumpsit was built. fenses," by George I. Wooley, Bench and Bar " It is probable that to-day most persons (V. xiii, p. 57). instinctively think of a warranty as a contract PROCEDURE. In the June North American or promise; but it is believed that the original Review (V. clxxxvii, p. 851) Secretary William character of the action cannot safely be lost H . Taft publishes a summary of his addressbefore sight of, and that the seller's liability upon a the Civic Forum in New York entitled " Delays warranty may sound in tort as well as in con and Defects in the Enforcement of the Law tract." This fact explains features of the in this Country." The facts to which he calls law of warranty that would have no proper our attention are not new. They have been explanation if the action sounded wholly in iterated in recent years, but so far with contract. " The rule in regard to obvious little effect, and still they need repetition. defects is of this sort. There seems no reason The high authority of Judge Taft, however, why a seller should not promise to be answer makes his earnest support of the cause of great able in damages for obvious defects, but his importance, and we hope that public interest liability in tort is another matter. Just as in will be aroused by his cogent argument. The deceit it is essential that the statements must causes of failure of justice to which he points be such as to induce the plaintiff naturally to are chiefly idolization of the jury system, regu rely on them, so in warranty this natural reli lation of procedure by legislatures instead of ance on the seller's assertions was early courts, unrestricted appeal, and reversals for regarded as essential." This fact also explains error not affecting the merits. The chief the curiosity in the early law of warranty reason for the perpetuation of these errors he stated by Blackstone that " the warranty can justly ascribes to the financial interest of the only reach things in being at the time of the bar in protracted litigation. warrant made, and not things in future."