La Grange Journal. (La Grange, Tex.), Vol. 27, No. 11, Ed. 1 Thursday, March 15, 1906 Page: 3 of 8
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Aiooogjj
COOQOOSOSSCOOOOO
NOW
mMj
ir beonltf* wh«HA
It is s common failing for people whose
Systems hare absorbed the germs of Con-
sumption or Pulmonary Tuberculosis to
put off taking a remedy until it is TOO
LATE I Scientists and physicians hare
stated orer and orer again that at certain'
stages, the disease that carries off the
most victims yearly, can be cured. Be
warned in time! If you breathe with
difficulty, if your chest is sore, if you
bare a cough, if you are losing strength
and weight, it is time to seek a cure. The
remedy that you should take to relieve
you of above symptoms and of the disease
they indicate is
Severa’s Balsam 8
for Lungs3
DO IT NOW!
DO IT NOW!!
DO IT NOW!!!
It heals and builds up the tissues and helps them to resist
further breaking down. It stays the band of Death!
“An experienced doctor diagnosed my
case as consumption but I resorted to
; Berera’s Balsam for Lungs and after
* using a few bottles I was entirely well,
•| though I had been given np. I reconi -
| mend this remedy to everybody and am
I sure no one will be disappointed.”
* Mary Chramosta,
Iron River, Wis.
Are your feet wet 7
Then, look out for a cold! Did you sit in a draft? Did you keep on
your damp clothes after bfeing out in a storm? You can reasonably
expect a cold if any of these are true.
Several Cold Cure Tablets
will cure a cold almost quicker than it takes to write it when taken
according to directions. Keep a supply on hand and avoid muoh
trouble. It will pay you as it has everyone who used them. Break
your cold early by using SEVERA’S COLD CURE TABLETS. The
most efficacious remedy of its kind put on the market. Price 25o.
For sale by all Druggists. Medical advice free.
§
w. f.severa co.rfDrrs
The law of contracts Hes at the
foundation of nearly every branch
of the law. It is, thererore, the
[first and most important subject
not only for the law student, who
i is studying law for the purpose of
I practicing, but for the layman, who
wants to understand in a general
way his legal rights and obliga-
tions.
We are making contracts day by
day, usually unconcious of the
fact. When I hail a street car and
it stops for me and I step aboard,
I enter into a contract with the
corporation that owns and operates
the car, for a breach of which I am
liable in damages, as in the cor-
poration. Every time I buy some-
thing in a store, no matter wheth-
er it be a steam engine or a pin, I
am making a contract. In hiring
servants and agents, in renting
and subletting property, in buying
provisions for my table, in buying
tickets for an entertainment—in
fact, in almost every act that is not
purely social in its nature, I am
entering into a contract. Indeed,
business is but another name for
the making and executing of con-
tracts. The importance, therefore,
of oue’s knowing at least the gen-
eral principles of contracts is evi-
dent.
Some persons use the words
“agreement” and “contract” as
sononymous, that is, as meaning
the same thing. A contract is al-
ways an agreement, either ex-
pressed or understood, but an
agreement is not always a contract.
I may make an agreement with
you to spend the evening at your
home, but that agreement is not a
contract. I am bonnd by the rules
of etiquette and good morals to
fulfill the agreement, but I am not
bound by the law to fulfill It, and
in case I do not fulfill it, I am not
bound by the law to suffer dam-
ages by reason of my failure; nor
could yon go into a court and com-
pel me to fulfill it.
Therefore, one distinction be-
tween a contract and an agreement
is that the former is an agreement
enforcible at law, that is, Bn agree-
ment that the law will either com-
pel me to perform, or will compel
me to pay damages for failing to
perform, while the latter is not so
enforcible.
Another distinction between an
agreement and contract is this:
The law says that in a contract a
man contemplates legal relations,
that is, he intends to put himself
under legal obligations, and in an
agreement be does not so intend,
his purpose being merely to bind
himself by a social obligation. We
have nothing to do in these talks
with merely social obligations; we
treat only of such engagements or
agreements as the law holds bind-
ing.
We distinguish, too, between
kinds of contracts; for instance, a
contract may be expressed or it
may be implied. An expree con-
tract is one where the terms are
expressed or stated, either orally
or in writing. An implied con-
tract is one where the facts in con-
nection with the matter are such
that the law will infer certain
things. If I go into a store where
I have credit, take up an article,
and say to the clerk, *T take this.
Charge it to me,” the contract is
.not an express contract; there is no
price set, no time of payment in-
dicated, no promise of payment.
The law, however, infers that I
nave made a promise to pay a
reasonable price for the article in
, - a reasonable or the customary
Importance of Subject. Difference Between Contract and Agreenlent
press and Implied Contract. The Consideration.
(Copyrighted 1906, by William C. Sprague, of Cedar Rapids, la.)
The New York World
Read Wherever the English Language is Spoken.
The Thrice-a-Week World was a brilliant success in the beginning and has
been steadily growing ever since. Time is the test of all things, and has set
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every state and territory in the Union, and wherever there are people who can
read our mother tongue. This paper for the coming winter and the year 1903,
will make its news service, if possible, more extensive than ever. All events
of importance, no matter where they happen, are recorded accurately, promptly.
, The subscriber, for only one dollar a year, gets threee papers every week
and more news and general reading than most great dailies can furnish at five
or six times the price. The Thrice-a-Week World is absolutely fair in its po-
litical news. Partisan bias is never allowed to affect its news columns, and
democrat and republican alike can obtain in it® pages truthful accounts of all
the great political campaigns.
In addition to all the news, the Thrice-a-Week World furnishes the best
serial fiction, elaborate market reports and other features of interest. 1 i
The Thrice-a-Week World’s regular subscription price is only SI.00 per
year, and this pays for 156 papers. The subscription price of Thk Journal is
$1.50 per year, making $2.50 per year for both papers.
IN EQUIPMENT,
Road Bed and Service,
-the-
Texas Midand
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Four fast and finely constructed trains operating daily over a
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Cafe cars—meals a la carte—are provided on principal trains.
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r
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H. L. KCENECKE, Agt.
We often hear it said that a con-
tract is not good without a “con-
sideration,” or that a contract
must have a “consideration” to
support it. The meaning of this
is simply that a promise cannot be
be enforced in law unless some-
thing is paid or promised to be
paid for the promise, or unless the
person to whom the promise is
made has done something or suff-
ered some loss by depending on
the promise. If I promise to make
you a present and fail to do so,
you cannot hold me in law ac-
countable for breaking my promise,
no matter how much inconveni-
ence or unhappiness it may cause
you. If, however, I promise to do
something for you or give you
somethin< in consideration of your
paying me something, no matter
how small, or doing something for
me, or suffering some Joss, I can
be held to the promise. It is in
this sense that law requires that in
order for a promise to be binding,
it must have consideration—anoth-
er word for price.
It used to be said that whenever
a promise was under seal, that is,
where it was in writing and the
promisor attached to his name his
seal, the law would forbid the
promisor from denying that there
was a consideration. In other
words, the tact that a seal ap-
peared on the promise was evi-
dence conclusive that there was a
consideration received, and in a
suit at law to compel the perform-
ance of the promise the promisor
could not bring in evidence to the
effect that be had received nothing
for the promise, and therefore was
not bound by it. Our present law,
however, has almost wholly done
away with this fiction. Now the
consideration of a promise may be
inquired into, whether it be under
seal or not.
It must not be thought that in
order 11 support a promise the
other party must necessarily give
something or promise to give some-
thing. If he is to lose or suffer
something or promise to give up
something, the consideration is a
valid one. If I promise to give
you a hundred dollars if you stop
smoking for six months, and, de-
pending upon my promise, you do
stop smoking for six months, I am
bound to pay the one hundred dol-
lars. In this case you have not
given anything or promised to give
anything to me, but you have
suffered a loss, or have given up
something, depending upon the
promise. It has always been held
that a promise is a good considera-
tion for a promise, that is, my
promise to do something for you,
if given an exchange for a promise
by you to do something for me,
makes a valid contract. The most
common example of this sort of a
contract is the marriage contract,
nnder which each party promises,
and the promise of each is a con-
sideration for the promise of the
other.
Sometimes it is not an easy mat-
ter to determine whether the con-
tract has a consideration or not.
It should be understood that where
one is already bound in the law to
do a thing, bis promise to do that
thing is not a sufficient considera-
tion to support a contract.
Suppose, for instance, that you
owe me a hundred dollars and the
debt is overdue. I say to you “If
you will pay me the hundred dol-
lars yon owe me, I will give you
the rent of a boa.e free for a
month. Depending on my prom-
ise, yon pay me the hundred dol-
lars, and I refuse to give you the
Bouse. Am I justified in law in
refusing? What is the considera-
tion lor my promise to give you
the house free for a month ? It is
the doing by you of something
that you are already bound to do;
therefore the law says there is no
legal consideration, and it will not
compel me to let you have the
house.
Suppose that you have minor
children and you do not support
them, as in law you are bound to
do, giving them lood, shelter,
medicine, and education such as is
reasonable considering your abili-
ties, etc. I say to you, “If you
treat your children for a year as
you are bound in the law to treat
them, I will give you five hundred
dollars.” You accept the arrange-
ment and provide your children
with clothing, medicines, educa-
tion, etc., as in law you are bound
to do, and then ask me for the five
hundred dollars, and I refused to
give it to you. You bring suit
against me. My lawyer in court
pleads that you were in law already
bound to do the things which you
promised to do. The court agrees
with him, and the case is dismiss-
ed.
You start to build a house for
me, under a contract to complete
it for a certain amount. Before
you finish it, you find you are go-
ing to lose money. You say "I
will not finish it unless you pay
me $500 more.” I make a prom-
to do so, and you finish the house.
The question arises as to whether
I am bound to pay the ex'ra price
that I have promised. In good
morals I may be bound to; in law,
I am not. (To be continued.)
The Japanlzation of China.
Japan’s victory in her war with
China in 1894-95 produced for her
indemnity in money, the cession
of Formosa, and the prestige of
success, which was immense.
From that time on Japan has been
strengthening her army and navy
against Russia with the object
which has been achieved. Whilst
at the same time China has been
cultivated with a keen apprecia-
tion of the fact that without the
moral, if not the material, control
v f
of that country Japao could not
alone accomplish the task she had
assumed of directing the destinies
of the Orient.
Japan ha9 undertaken the Jap-
anization oi China methodically by
the establishment in China and
Japan of schools—military, indus-
trial and agricultural. Recently
twenty-two primary schools were
opeued in the Chinese provinces,
with 3,364 scholars. Four o f
these schools are military, at Paol-
ing, Outchan, Nanking and Can-
ton, and are modeled after St. Cyr
In France. The instructors are
Japanese entirely. Every year 700
young Chinese, graduates of the
school in Japan, are assigned with
rank to the provincial army. The
student graduates are all exalted
and imbued with new Japanese
ideas. Actually there are 2,500
Chinese students in the schools
and universities of Japan. The
military mandarin, once a low
and despised officer is now eleva-
ted and honored. The literary
class, heretofore the special guar-
dians of the honor and dignity of
China, now recognizing the im-
portance, even necessity, of or-
ganizing a national army, solid
and united, oapable of compelling
respect for the interists and digni-
ty of the empire.—The World To-
day.
Its Dangerous.
To neglect a cold the result* are too
often very serious. Bronchitis, Pleu-
risy, Pneumonia and Consumption are
frequently the consequences. Upon
the appearance of a cold, sore throat
or chest, use Simmons* Cough Syrup.
It soothes the irritation, loosens the
phlegm and promptly cures you.
if.
S'Ss
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'■'TV.
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La Grange Journal. (La Grange, Tex.), Vol. 27, No. 11, Ed. 1 Thursday, March 15, 1906, newspaper, March 15, 1906; La Grange, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1004382/m1/3/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Fayette Public Library, Museum and Archives.