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AGENT-(continued.)

Payment to vendor's agent, 277, 278. (See Payment.)

Who is an agent entrusted with goods within the Factor's Act, 279

When a debt due from the agent who sells the goods may be set off against

the principal, 280, 281

Principal liable for the deceit of his agent, 327

Warranty by agent, 341

When authority implied, ib.

At what time made, 342

Agent entrusted to sell cannot himself be the purchaser, 398

So, agent entrusted to purchase, 429

Duty and liability of agent, 394, 395, 428, 429

Laches, 395

When he is justified in departing from special authority, 395, 428

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Personal liability of agent to party with whom he deals, 406, 429, 430

Where the principal is not known, 407

Where no responsible principal, ib.

Where agent expressly binds himself, 408

Rights of agent, 400

Reimbursement of expenses, 401

Commission, 402, 403

Lien, 403. (See Lien.)

Parol evidence admissible that a party acted as agent only, 222

ALIEN.

Alien friend may contract, 45

Alien enemy is disabled from suing, 45

Who is alien enemy, 46, 47, 144

How the disability is removed, 48

Contract with alien enemy is void, 144

Unless protected by licence from the crown, 144

Effect of licence, 145

Extent of licence, 146

When licence void, 147

Whether the wife of an alien may be sued as feme sole, 35

AMENDMENT. (See Variance.)

APPROPRIATION,

Within Statute of Frauds, 61, 62

By trader before bankruptcy, 126, 127

Must be positive and specific, 127

APPROPRIATION-(continued.)

To bar the vendor's right of stoppage, 202, 207

To enable the vendor to sue for the price, 242, 254

To enable the purchaser to maintain trover, 315

To enable the purchaser to sue the carrier or other bailee, 419, 420
ASSENT.

Proof of assent of both parties to the contract, 213, 214, 304

Assent by agent, 215. (See Agent.)

Notice of assent by the party to whom a guaranty is given, 385

Assent of husband to contracts of his wife, 31

Assent by bailee to delivery-order, 421, 422
Assent by carrier, 425

ASSIGNEES. (See Bankrupt.)

When they may affirm the acts of bankrupt, 116

Cannot recover without payment of the charges to which the bankrupt
would have been liable, 183, 184, 318, 319

When liable for goods delivered to bankrupt carrying on trade, 259
Assignee of bill of lading. (See Bill of Lading.)

ASSUMPSIT BY PURCHASER. (See Money had and received-Warranty.)
Proof in action for not delivering, 305

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Performance of conditions precedent, 305. (See Conditions Pre-

cedent.)

Breach, 306, 307

Averments in declaration where purchaser relies on a particular

construction of the words of the agreement, 307

Liability of vendor, where performance becomes impossible, 308
Damages, 308, 309. (See Damages.)

ASSUMPSIT BY VENDOR.. (See Account stated-Goods bargained and
sold-Goods sold and delivered-Pleading.)

Action for not accepting, 212

Proof of assent of the parties, 212, 213

Retracting assent, 213-215

Rescission of contract, 215, 292

Assent by agent, 77, 215. (See Agent.)

Proof of terms of contract, 217

Written evidence, when, 49, 217

Stamp on, 218. (See Stamp.)

Cannot be contradicted by parol, 221. (See Parol.)

Variance, 223. (See Variance.)

Performance of conditions precedent, 230. (See Conditions Pre-
cedent.)

Damages, 239. (See Damages.)

ATTAINDER.

Disability to contract on the ground of attainder, 44

AUCTION. (See Auctioneer.)

Sales by auction are within Statute of Frauds, 52, 148

Avoided by fraud, 148, 151. (See Fraud.)

Misdescription, 149, 154

Stipulation that misdescription shall not vitiate the sale, 150

Sale is completed by the fall of the hammer, 151

Until then, the bidder may retract, ib.

Separate contract for each lot, 53, 152

Particulars of sale cannot be contradicted by representations of auctioneer,

153, 221

Construction of particulars, 155

Notice of conditions, 154

Auction duty, 155

Payable by vendor or his agent, 157

Unless otherwise stipulated, ib.

AUCTIONEER. (See Agent-Auction.)

Is an agent for both parties within Statute of Frauds, 75, 160
Unless he makes himself a party, 78, 165

His duty and liability to vendor, 157, 158

His rights against vendor, 159

Indemnity, ib. and note (k)

Compensation and reimbursement, 159, 160

His liability to purchaser, 161

For deposit, ib.

Liable for non-performance where principal is not disclosed, 162

Liable for misrepresentation, ib. 163

His rights against purchaser, 163

He may sue for the price, ib.

Unless the purchaser has settled with the principal without
notice, 164

Or, unless the principal had no title, ib.

AUTHORITY. (See Agent-Countermand.)

B.

BAILEE. (See Carrier.)

Several species of bailments, 414 note

Delivery to purchaser when the goods are in the custody of a bailee,
256,257

Action against, generally, should be in the name of the consignee, 416, 417
When in the name of the consignor, 415, 416

When the action may be brought in the name of the consignor, 415
When it must be so brought, 415, 416

Extent of liability, 417, 418

BAILEE (continued.)

Duty of an ordinary bailee for reward, 417, 418
Different degrees of neglect, 418 note

When he may set up the claim of a third party, 418
Not after acknowledgment, 419

When trover maintainable against, ib.

Infant bailee not liable for negligence, 15

Lien of, 420. (See Lien.)

BANKRUPT. (See Assignees-Stoppage in Transitu.)

Fraudulent transfer by trader is an act of bankruptcy, 107; and void,
though under colour of a sale, ib.

Assignment of whole property, void, 108

Unless by bonâ fide sale, ib.

Assignment of part, void, when, ib. 109

Not, unless in contemplation of bankruptcy, 109
And in order to give voluntary preference, 109, 110
Not void when in pursuance of a special contract, 110

Nor, when the sale is bonâ fide, ib.

Nor, when the goods are the property of the transferree, 111
Voluntary conveyance void, 112

After bankruptcy, no transfer or sale BY bankrupt is good, 113

What transactions protected, 114, 115

When not protected, voidable only at the election of the assignees,

116

Sales To bankrupt, when protected, 117, 118

Payments and other dealings, without notice, when protected, 117
Payments according to ordinary course of trade and dealing, 118
Not payments with notice, 118, 119

Goods in possession of bankrupt pass to the assignees, 120
If, at the time of the bankruptcy, ib.

And with owner's consent, 121

What is deemed the possession of the bankrupt, 122

What is sufficient to divest the possession, 122, 123

Symbolical delivery, 123

Appropriation by owner, 124

Goods in temporary custody of bankrupt do not pass, ib.

Nor goods for specific purpose, 125

Nor goods obtained under false pretences, ib.

Nor goods specifically appropriated by the trader before his bank-
ruptcy, 126, 127

Nor property in auter droit, 128

BILL OF EXCHANGE. (See Credit.)

Giving bill or note in payment suspends the original debt, 249, 276
Form of action for breach of agreement to give a bill in payment, 250

BILL OF EXCHANGE-(continued.)

Proof of dishonour, 252, 274

When the instrument operates in discharge of the original debt, 275
Laches on the part of vendor, 252, 275

Election by vendor to take the security, where cash payment offered
276

Agreement to run the risk, ib.

Where instrument in the hands of third parties, 252

When it does not so operate, 252, 275

Where the instrument is on a wrong stamp, ib.

Where it remains overdue in the hands of the vendor, or his agent, 275
Where it is lost before payment, 276

Unless purchaser liable to subsequent holder, ib.

Unsatisfied judgment thereon, 275

Evidence by purchaser in action on the instrument, 27%

Fraud, 133, 272

But not bad quality, 272

Nor breach of express warranty, 272 note

Nor exorbitance of price, 133

Interest, 282. (See Interest.)

Infant not liable on, 20

Unless there has been a subsequent promise to pay, 24

Or unless accepted when of full age, ib.

Feme covert may indorse, with her husband's consent, 31

BILL OF LADING,

Form of, 439

Nature of, 194

Negotiable, though "assigns" not expressed, 439 note

Effect of signing several bills of lading, 311 note

Indorsement by the consignee, makes him liable to the consignor for the

price, 257 note

Indorsement in blank, 311 note

Conditional indorsement, 313

Party in possession of bill of lading to be deemed the true owner of the

goods described therein, 298

When indorsee of bill of lading may stop goods, 192

Assignment passes property, 123, 193, 257, 311

Against the assignees of a bankrupt, 123

Against vendor's right of stopping the goods in transitu, 193

But not without indorsement, 194

Nor without valuable consideration, 195, 312

Nor with notice of adverse right or prior claim, 195, 196, 312

Or with notice of consignee's insolvency, 195

Effect of giving partial consideration, 196, 197

When the assignment enables the assignee to maintain trover, 311
Not without consideration, 312

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