agency created by, 327, 328.
Evidence:

parol, inadmissible to connect documents,
under 39 Car. II. c. 3. § 4., 55, 232.
or to supplement its terms, 56.
rules relating to evidence, 231.
extrinsic evidence admissible to prove
document, 233.

to prove or disprove agreement, 234.
secondary evidence of contents of docu-
ment when admissible, 234.

of condition suspending operation of con-
tract, 235.

of supplementary terms, 237.
explanatory of latent ambiguity, 241.
of usage, 241, 242.

evidence admissible in equity for pur-
pose of resisting specific performance
or obtaining rectification or avoidance,
243.

Execution:

of a deed, 45.

upon judgment, 44, 309.

Executor:

suggested by absence of consideration for

contract under seal, 49.

relates to formation of contract, 120.
gives rise to action ex delicto, 135.
may exist without dishonest motive, 136,
138.

may exist without certainty of falsehood,
137, 157.

legal and equitable fraud, 145, 157.
definition of, 152.

representation an essential element, 153.
character of representation, 155.

must be intended to deceive party com-
plaining, 158.

and must deceive him, 160.

its effect on rights ex contractu, 161,

162.

how different from undue influence,

164.

distinct from illegality as a vitiating

element in contract, 180.

burden of proof lies on him who asserts
fraud, 220.

Fraudulent preference:

promise in consideration of, illegal at
Common Law, 179.

money so paid recoverable if paid under
pressure, 197.

Fructus industriales:

not an interest in land under 29 Car. II.
c. 3. § 4., 60.

Gift:

G.

requires assent of donee, 2.

when suggestive of undue influence, 165.
Goods: see Sale.

Goods, Wares, and Merchandise:

what are, under 29 Car. II. c. 3. § 17.,
60, 66.

Gratuitous promise:

void unless made under seal, 12, 48, 69.
Guarantee:

within meaning of 29 Car. II. c. 3. § 4.,
58.

exception to rule as to consideration
appearing in writing, 59.

not in its inception a contract uberrimae
fidei, 150.

but becomes so when made, 151.

as an element in the formation of con-
tract, 169.

created by statute, 170.

created by rules of common law, 179.
distinct from fraud as vitiating formation
of contract, 180.

arising from rules relating to public
policy, 181.

contracts injurious to public service,
181.

affecting course of justice, 182.
encouraging litigation, 183.
contrary to good morals, 185.
affecting marriage, 185.

in restraint of trade, 186.
its effect on contract, 187-198.
when parties are not in pari delicto, 196.
when there is a locus poenitentiae, 197.
Immorality:

effect upon contract of immoral object,
185, 191.

Implied promise:

of sea-worthiness in contract of marine
insurance, 239, 240.

of indemnity in contract of employment,
90, 93, 94, 326, 332, 352.

of quality in executory sale of goods,
293-295.

of possibility, 297 n.

of authority, 297 n., 342.

310.

disability to sue, how far a bar to opera-
tion of statutes, 310, 311.

modes of reviving barred debt, 311, 312.
Liquidated damages:

as distinguished from penalty, 248, 249,
304.

Loss of written instrument:

only affects rights in case of bill of ex-
change and promissory note, 321.
Lunatics:

their contracts voidable while executory,
114, 115.

not so, when executed in part, 115.
where lunatic so found by commission,
presumption is against the validity of
his contract, 115.

Maintenance:

M.

its effect on the lawfulness of contract,
181.

Marriage:

a form of agreement differing from con-
tract, 3.

promise in consideration of, 59.
mutual promises to marry, 71.

married woman could not bind herself
by contract before 1883, 116.
common law exceptions, 116.

Marriage:

statutory exceptions, 117.
equitable doctrine of separate estate,
117, 118.

agreements affecting freedom of choice
in marriage, 185, 186.

agreements providing for separation of
husband and wife, 186.

effect of marriage on contract made by
wife dum sola, 228.

can be agent for her husband

of necessity, 328.

by authority express or implied, 327,
349, 350.

Master and servant:

law of, how far an exception to general
rules of contract, 205.

Merchants, Custom of:

as to consideration for written contract,
40.

as creating negotiability, 219, 222, 223.
Merger:

of lesser security in a greater, 43, 47.
a discharge of contract, 319.

a discharge of right of action arising
from contract, 308.

Misrepresentation:

relates to formation of contract, 120.
how distinguished from fraud, 135, 136.
when it affects contract, 136, 144.
how regarded in equity, 144, 145.

affects contracts of marine and fire
insurance, 148.

affects contracts for purchase of in-
terest in land, 149.

affects contracts for purchase of shares,
150.

does not affect life insurance, 148.
or surety-ship, 150, 151.

Obligation:

O.

its definition, 4, 5, 31, 32.
distinguished from duty, 6, 204.
sources of, 7.

limits of, when arising from agreement,

202, 203.

Offer:

must be communicated, 14-18.

must refer to legal relations, 18.

how far revocable, 20, 24-30.

how it may lapse, 20, 21.

may be made to unascertained persons,
31-34.

how far bound to support of child, 79.
Part performance:

when it takes contract out of operation
of Statute of Frauds, 62, 63.
Parties: see Assignment.
in contracts within 29 Car. II. c. 3. §§
4, 17, their names must appear in
writing, 54, 55.

only parties to a contract are liable
under it, 201-204.

who entitled at Common Law, 206.
who entitled in Equity, 208, 209,
third parties when allowed to sue, 209.
substitution of new for former parties
rescinds a contract by creation of a
new one, 256.

Partner:

infant partner, his rights in Law and
Equity, 106.

change of partners, its effect on contracts
made with partnership, 256.

as creating a general agency, 327.

Patent ambiguity:

may not be corrected by parol evidence,
241.

Payment:

of a smaller sum no good discharge of a
greater, 82, 83.

a form of discharge by performance, 265.
negotiable instrument as payment, 266.
Penalty:

rules of Law and Equity as to, 247.
penalty and liquidated damages, 248, 304.
Pension:

assignment of, 182.
Performance: see Payment, Tender.
postponement of, at request of one party,
is not a discharge of contract by agree-
ment, 255, 256.

discharge of one party by performance
distinguished from discharge of con-
tract by performance, 264.

Personal contract:

does not pass to representatives of de-
ceased or bankrupt, 228, 229.