CONTRACTS-continued.

bills and notes to be in writing, 72, 73.

ink or pencil sufficient, 73.

certainty required in terms of agreement, id.

thus promise to enter into partnership and no terms fixed, void, id.
but no particular form in general necessary for contract, 73, 74.
by letters, separate instruments, &c., 522, 709.

but must be a final agreement, and so expressed, mere terms of consent
or willingness to agree insufficient—(See Construction), 74.
implied attributes of agreement, 98.

executors may sue and be sued on, id.

if several persons, impliedly they are bound jointly, 99.
death does not revoke, in general-(See Death), 98.

stamping agreements.—(See Stamps).

competency to contract in general-(See Analysis of Chap. II.), 134.
subject matter of, in general-(See Analysis of Chap. III.), 292.
illegal contracts-(See Illegal Contracts), 657 to 726.

defences to contracts-(See Analysis of Chap. V.), 727.

CONTRIBUTION, none between wrong doers, 502, 505, 600, 601.

between sureties or joint debtors, &c., general rules, &c., 597, 598, and
notes, 815.

between partners, 237, 239.

CONVERSION of a part of goods more than six years since, cannot be set
up by defendant as a conversion of the whole, to support a plea of Sta-
tute of Limitations, 817, note (h).

CONVEYANCER may maintain action for his fees, &c., 573.

not if he untruly profess to be an attorney, &c., 573, note (m).

CONVICT, contract to procure pardon of, void, 675.

liability of wife of, 178.

contract with, 183, 184.

CONVICTION, liability of wife of convict after, 178,

of felon, before owner entitled to restitution of stolen goods, 386, 415.
wager as to conviction or acquittal of a prisoner, bad, 496.

COPYRIGHT.-(See Author).

sale or assignment of, to be in writing, 72.

CORN. (See Crops).

sale of, by hobbett, 423, 696.

CORPORATIONS.-(See Companies. Parish Officers).

mayor of, &c., as mere agent, cannot sue, 230, note (a).

in general corporations can contract only under their common seal, 276, 277.
member of, contracting with, deemed a stranger, 276, note (e).

liable for tortious acts of agent, 276, note (), 277, note (k).

when otherwise, as to ordinary matters, &c., 276, 277, and notes.

may sue on executory or executed special contract not under seal, 278, 16,
note (1).

may make a valid contract when, 277.

distinction as to East India Company, id.

exception where corporation has a head, as a mayor, &c., id., uote (k).
power of directors of a company to affix common seal, 276, note (e).

as to corporation purchasing land, 294.

one member cannot sue company, 276, note (€).

when otherwise, 278.

common seal not necessary as to certain matters necessary to be done in-
stanter, 277, note (k).

as to a company accepting bills, &c. Bank of England, &c. 277, n. (1), 885.
gas company granting annuity, 277, note (k).

foreign corporation, 278.

CORPORATIONS-continued.

action by attorney for costs of procuring act for company, 278; Carden v.
General Cemetery Company, 7 Scott, 97; 5 Bing. N. C. 253, S. C.
guardians of the poor under a statute, when a corporation, id.

COSTS OF PREPARING LEASES, 563, 564.

CO-SURETY, contribution by, 598, 599, 815.

COUNSEL, cannot, if at the bar, recover fees, and not liable for neglect, &c.
573.

not liable for slander in speech, 573, note (1).
attorney not liable for absence, &c. of, 556.

COUNTRY BANK NOTES, tender of, where good, 801.
COURSE OF JUSTICE, contracts affecting, void, 674, 675.
COURT OF REQUESTS, infant cannot be clerk of, 151.
COVENANT, not to sue, when bars action for debt, 777, 778, 782.
for rent in arrear, Statute of Limitations as to, 812, note (/).
COVENANTS.-(See Contracts, Specialty, Landlord and Tenant).
COVENANT TO REPAIR.-(See Landlord and Tenant).
tenant's liability to, 335 to 339.

COVERTURE.—(See Husband and Wife.)

must be pleaded specially, 858, 859.
evidence of, id.

presumption of death of husband, 859.

CREDIT. (See Sale of Goods).

representations to obtain, no stamp requisite, 133, 417.

CREDIT UNEXPIRED, when vendor may stop goods in transitu, &c. 430.
CREDITOR, debt of, omitted in schedule, no discharge of insolvent as to, 203.
sale by insolvent in fraud of creditor, void, 409.

CRICKET (See Gaming).

game of, within statute of Anne, 713.

CRIME, reading unstamped instrument to establish, 129.

CROPS, sale of, whether within Statute of Frauds, 301 to 303, 388.

as to stamp on contract for sale of, 132.

custom of the country as to away-going crops, tillages, manure, &c. 366 to
370.

when excluded by agreement, id. 101, 109, 26.

emblements, 366.

remedy for, 369, and note (e).

effect of contract for crops, being in part void by Statute of Frauds, 305,
360, 388.

CROWN DEBT, sheriff's poundage on levying, 584.

CUSTOM OF COUNTRY, lex loci, how given effect to, 90 to 95, 101.

as to outgoing tenant's allowance, may be shown by parol, though written
demise, if it be silent on the subject, 101, 102, 109, 26.

customs as to away-going crops, tillages, manure, &c. and when applicable,

366 to 370.

not considered where express stipulations to the contrary, 337.

as to removal of fixtures, 364, note (g).

CUSTOM OF THE REALM as to carriers-(See Carriers), 480, 481.

as to innkeepers, 476 to 480.

CUSTOM OF TRADE, when contract or warranty implied in conformity
with, 21, 880 to 884.

evidence of existence of, 21, note (k).

CUSTOM OF TRADE-continued.

not if express contract, 25.

cannot be set up by parol, where written agreement on the subject, 25, 100.
feme covert sole trader in London, 180.

credit given between principal and agent, 221.

DAMAGES. (See Liquidated Damages).

breach of implied promise, action lies, though no actual damage be sus-
tained, and instances, 19, 872, 873, and note (g).

paying money or damages into court, 873, note (x).

in action for a fixed debt in general, jury should give the sum specified, 869.
reduction on account of part failure of consideration, insufficiency of goods
or work, 464, 568, 569, 743.

in cases of extravagant and absurd contract, when jury may give real and
fair amount of damage, 869.

consequential or special damage, 870, 876.

instances, breach of warranty, re-sale with warranty, broker buying inferior
goods for principal who supplied another, &c. 467, 870, 871.

damages in action for not accepting or delivering goods, or not replacing
stock, 871, 872.

defendant a wrong-doer, bond to resign living, 872.

in action for use and occupation, id.

damages for probable future loss, 873.

interest when recoverable as damages, id.

trustee may recover for damages to cestui que trust, id.

damages, how assessed, when by jury, when by master, 873, 874.

excessive, or too small damages, verdict or inquisition, how corrected, 875,
876.

statement of damages in the declaration, &c. 876.

DATE of contract, 3.

distinction between date and time of execution of contract, 731.

presumption of time of, id. 155.

of acknowledgment, to prevent operation of Statute of Limitations, may be
supplied by parol, 830.

DEATH no revocation of an agreement, 98.

revokes authority of principal, 214, note (a).

death of husband revokes wife's power to bind his estate by contract, does
not in general destroy contract, 98, 274.

exceptions if personal contract, 691, 98.

contract to let carriage and repair it, is a personal contract, 571, 572.

does not destroy yearly tenancy, 340.

death of incumbent determines composition for tithes, 469.

annuls promise of marriage, though broken in life-time, &c. 541.

apportionment of servants' wages, &c. in case of death, 580, note (o), 736.—
(See Apportionment.)

DEBT, promise to pay, of third person when no consideration, 52.

DEBT, ACTION OF, whether maintainable on record of quarter sessions, &c.
25, note (h).

lies on bill of exchange or promissory note, though not expressed to be
made for value received; Hutch v. Trayes, Watson v. Kightley, 3 Per. &
Dav. 408.

DECEIT. (See Fraud).

action for, 415.

DECREE IN EQUITY, liability on, 25.

DEEDS. (See Specialty, Voluntary Conveyances, Fraud).

DEFENCES TO ACTIONS ON CONTRACTS.

1. Performance of the contract, and in excuse thereof by reason of the
plaintiff's non-performance of a condition precedent or on account of
a failure of consideration, performance impossible, &c. 57, 58, 727, 728.

2. Payment. (See Payment), 744.

DEFENCES TO ACTIONS ON CONTRACTS-continued.

3. Accord and Satisfaction-(See that title), 760.

4. That a bill of exchange or other negociable security has been taken for
the debt-(See Bill of Exchange), 766.

5. Release of the claim by the act of the party, or by operation of law-
(See Release), 775.

6. Another action pending; judgment before recovered, &c.-(See Another
Action pending and Judgment recovered), 786.

7. Arbitrament and award-(See that title), 790.

8. A tender of the debt-(See Tender), 793.

9. The Statute of Limitations-(See Limitations), 805.

10. A set-off-(See that title), 841.

11. Infancy of defendant-(See Infant), 857.

12. Coverture of defendant-(See Husband and Wife), 858.

13. Bankruptcy and certificate-(See Bankrupt), 859.

14. Discharge under the Insolvent Act—(See Insolvent), 861.
DEL CREDERE AGENT.-(See Broker).

commission of, 210, 548.

no claim, if services ineffectual, 548.

acting illegally, or without qualification, 548, 549.
guarantee of, to be in writing, 210, 511.

DELIVERY of deed, what essential to give validity to, 3, 4.
of goods to pass interest on sale, 375, &c. 390.

of goods to make carrier liable, 482, note (r).

DEMAND, when necessary-(See Performance, Request), 728, 732 to 734.
to defeat tender, 801, 802.

DEMISE. (See Landlord and Tenant).

may be constituted by a series of letters, 314, 879.
DEMURRAGE, captain cannot sue for, 230, note (a).
DEPOSIT, liability of bailee by deposit, 472, 474, 475.
action to recover, on sale of realty, 308, 623, 624, 604.
on sale of goods, 443, 466, 457.

or against stakeholders, 621, 622.

acknowledgment of receipt of bills, &c. by way of, no stamp, 121.
DESCRIPTION, errors in, in particulars of sale, effect of, 295 to 299.
DESTRUCTION of written agreement does not discharge it, 785.

DISCHARGE OF SURETY, 527 to 529.

DISCLAIMER OF LANDLORD'S TITLE, what is, 342, 888.
notice to quit not necessary after, 342.

DISSOLUTION OF PARTNERSHIP, how effected, notice in Gazette, &c.
259 to 263.

DISTRESS only lies on express demise at certain rent, 325, note (n).

not on implied tenancy, by entering under agreement for future lease, 325.
guarantee in consideration of withdrawing, 513 to 515.

remedy of tenant distrained on for ground rent, 594, 335 note(h), 500, 501.
or taxes, 636, note (q).

whether may bring money had and received, if distress and sale wrongful,
635, 608.

may for extortionate overcharges, 635.

no implied indemnity from landlord, if broker distrain privileged goods, 501.
taking bill does not destroy remedy by, 767, note (y).

DORMANT PARTNER.-(See Partner and Partnerships).
liability of, 242, 250, 256.

DOUBLE RENT.-(See Landlord and Tenant).

DOUBLE VALUE.-(See Landlord and Tenant).

DRAMATIC AUTHOR, agreement to write for one theatre only, good, 667.
DRUGGIST, chemists' and druggists' qualification, &c. 553.

brewers' druggist, 420 to 422.

DRUGS, contract with brewer for supply of, when void, 695.
DRUNKARD, liability on his contracts, 140.
fraud on him, 140, 141, note (e).

DUNG, right of tenant to remove, 369, 370.

DURESS, nature, meaning, and effect of duress, or illegal force or violence, to
obtain contract, 206, 207.

threats, 208.

by whom suffered, id.

effect of subsequent recognition, 209.
must now be pleaded specially, 209.

DUTY, breach of, contract creating it, bad, 677.

DYER, contract not to carry on trade of, when void, 668.

EARNEST, payment of, effect as to vesting property in goods in vendee, 374,
375.

payment of, under Statute of Frauds, 396, 397.

EASEMENT, grant of, to be by deed, 66, note (g).

license to use land, whether to be in writing, 303.

EAST INDIA COMPANY, sale of command of ship, &c. 673.
EDUCATION, liability of parent of child for, 51, 145 to 149, 882.
ELECTION, in case of alternative contract, as to performance, 729, 730.
contract by innkeeper to supply voters at, when illegal, 419.

EMBLEMENTS, tenant's right to, on quitting, 366.

ENDEAVOUR to do an act, good consideration, 35.

ENEMY, contracts with aliens-(See Aliens), 181 to 183.
trading with, 182, 183, 418, 678.

ENGROSSING, buying up goods, 418.

ENTRIES in bankrupt's examination when evidence of account stated, 650.
in banker's pass book, when not, id.

EQUITY, when no relief in, on ground of inadequacy of consideration, 31.
bill in, to discover promise of marriage, 536, note (y).

EQUITY OF REDEMPTION, agreement to release, &c. good consideration,
43, 44.

ERASURE, in agreement, may be looked at to assist in construction, 90, n. (g).
ERROR, proviso against, in conditions of sale, 295.

interest allowed on judgment protracted by writ of, 643, note (b).

ESCROW, delivery of deed as, 3, 4.

ESTATES.-(See Frauds, Statute of; Landlord and Tenant; Vendors and
Purchasers).

estate at will, whether the granting it be a good consideration, 46.
grant of estate "for life" means life of grantee, 96.

ESTOPPEL, nature and application of the doctrine, 6, and note (r) and (y).
receipt is not conclusive, 6, note (x).

nor bill of lading, id.

nor account stated, 655.