Larceny by appropriation of property,
possession of which was obtained by
in connection
requiring security

with pretended employment.
388.

26

Admissions or statements by employee as binding on employer. 26-1505.

Appellate court's refusal, upon reversing judgment in favor of discharged employee in action to recover wages due and statutory penalty for withholding them, because of unconstitutionality of the penalty, to allow a remittitur and affirm the judgment for the wages due. 26-1392.

Liability of master for injury to serv◄
ant.

Proximate cause of injury to servant, see
PROXIMATE CAUSE.

Recovery under Workmen's Conpensation
Act for injury to servant, see WORK-
MEN'S COMPENSATION.

Judgment in action for death under Fed

eral Employers' Liability Act for benefit of widow against one joint tort-feasor as bar to action for benefit of the mother of the decedent under another statute against another tort-feasor. 26-980.

Horse, servant's assumption of risk of injury by. 26-882 (case p. 864). Assurances of safety by master. 26-864. Court's right to declare risk of obvious dangers assumed as matter of law. 26-864.

The dash in each citation stands for A.L.R.

In general.

Italic type indicates points with annotation; roman type, points without.

MISTAKE.

As ground for rescission of contract, see
CONTRACTS.

Of identity, see IDENTITY AND IDENTIFICA-
TION.

As defense to action for libel and slander,
see LIBEL AND SLANDER.

As ground for reformation of instrument, see REFORMATION OF INSTRUMENTS.

Lease, mistake in, as ground for relief. 26-472 (cases pp. 462, 465).

MITIGATION.

Of damages, see DAMAGES.

MONEY HAD AND RECEIVED. See ASSUMPSIT.

MONOPOLY AND COMBINATIONS.

Monopoly in dramatic and motion pictures. 26-369 (case p. 364).

Concentration of previously competing

businesses in the hands of a single person or corporation or a few persons or corporations acting together so that they have power to control prices as a monopoly. 26-364. Contract in restraint of trade as which in fact restrains or may restrain trade. 26-364.

one

In general.

MORTGAGE.

Acknowledgment of, see ACKNOWLEDG

MENT.

Estoppel by, see ESTOPPEL.

Parol evidence as to agreement of grantor
in deed given as security. 26-1538.

Debts secured.
Declaration by grantee in absolute deed
intended as a mortgage as to what
the mortgage was intended to cover,
as binding on the parties as a decla-
ration of trust. 26-1538.

Delay in delivering letter stating that
mortgage was intended to secure pur-
chase within one year from date, as
extending the security of the mort-
gage to purchases made within a year
from date of delivery of letter.
26-1538.

Future advances, rule that, under mort-
gage to secure, advances may be
made at any time prior to actual no-
tice of intervening rights, as inappli-
cable where original agreement of
parties definitely restricted the ad-
vances to those made before a speci-
fied date. 26-1538.

Rights and liabilities of parties gen-
erally.
Estoppel of mortgagor to his successors
in title to set up outstanding title as
against mortgagee, see ESTOPPEL.
Advancement, presumption as to, as af-
fected by taking mortgage or other
security. 26-1119.

Purchase-money mortgagee as benefi-
ciary of rule that after-acquired title
inures to benefit of mortgagee. 26-
173 (case p. 171).

Receiver, right of mortgagee to appointment of, to obtain possession of the rents and profits.

The dash in each citation stands for A.L.R.

26-33.

Italic type indicates points with annotation; roman type, points without.

Of bailee, see BAILMENT.

Presumption and burden of proof as to,
see EVIDENCE.

In general.

NOTICE.

As condition precedent to action, see Ac-
TION OR SUIT.

The dash in each citation stands for A.L.R.

26 A.L.R.-101.