DELIVERY-(continued.) Delivery to support goods sold, 253 Vendor must do every thing necessary to enable purchaser to remove the goods, ib. More complete than within Statute of Frauds, 254 Sale on ready-money terms, ib. Purchaser must have either possession, or unconditional power of ob- Delivery to carrier, 262. (See Carrier.) Delivery to support trover by purchaser, 310. (See Trover by Purchaser.) Delivery of possession after bill of sale, 82, 99 DETINUE. When detinue lies for goods, 180 DISSOLUTION. (See Partner.) Effect of dissolution of partnership, 375 Notice of dissolution, 373 DORMANT. Dormant partner in firm liable, 369 DRUNKENNESS. Contract entered into, when in a state of drunkenness, void, 135 EXCHANGE (continued.) Proper form of action for breach of warranty in exchange of chattels, 329 note Warranty in exchange, infant not liable on, 15 EXECUTOR. Liability of husband's executor for debt of wife contracted since his Property in possession of bankrupt as executor or administrator, 128 EXECUTORY CONTRACT, Within Statute of Frauds, 50, 51 Part executory and part executed, 248 Money had and received maintainable for breach of warranty, while con- Money paid on illegal contract may be recovered, while executory, 332 note FACTOR. (See Agent—Pledge.) F. Agent within the Statute of Frauds, 74, 76 Where he exceeds his authority, 295 Or wrongfully delegates it, ib. Payment to factor within the Factor's Act, 278 Who is an agent entrusted with goods within the act, 279 By the Factor's Act, 297 Property in possession of bankrupt as factor, 128 Principal liable for the deceit of his factor, 327 Liability of factor for the loss of goods, 394 Joint factors liable for each other's acts, 400 Factor employed to sell cannot be the purchaser, 398, 429 Lien of factor, 403 When factor personally liable to third party, 406, 407 FAIR. (See Horses-Market-Overt.) Selling of horses in fair and market-overt, 175 Fair on Sunday illegal, 85 FALSE PRETENCES. Goods obtained on false pretences do not pass to bankrupt's assignees, 125 Property is not changed in goods so obtained, 136, 174 Trover will lie to recover goods so procured, 293, 294 FEME COVERT. (See Husband.) Cannot contract in general, 25 Except for necessaries, 25, 26, 32 FEME COVERT-(continued.) What are necessaries, 26 Or, unless the husband gives authority, 50 Liable on promise to pay after husband's death, 31 Or where divorce has taken place, 41 But not where the husband merely lives abroad, 34 Nor where the wife trades as feme sole, 35 Sale by stranger in market-overt binds feme covert, 168 FIXTURES. Semble, not within Statute of Frauds, 56 They do not relate to interest in land within fourth section, ib. They cannot be recovered as goods sold, 252 Unless severed from the freehold, 253 They can be considered chattels only for special purposes, 252 FRAUD. (See Deceit-Fraudulent Alienation-Money had and received.) Fraud against vendee avoids the sale, 129 Allowed, if notice given, 149 Unless the sale is declared to be without reserve, ib. Effect of stipulation that the goods are sold with all faults, 131, 323, 352 Fraudulent concealment, 134, 150 Trickery and contrivance, 134 Imbecility or inebriety of purchaser, 135 Waiver of fraud, 133, 333 Fraud against vendor, 136, 151 False pretences, 136, 137 Threats or duress, 138 Fraud against third parties, 98, 138, 168, 169 Fraud practised on person of weak mind, 43 Fraud between the party guaranteed and the principal debtor, discharges the surety, 392 When fraud is a question of law or of fact, 99 Defence to action on bill or note, 135, 272 When the contract may be rescinded and trover for goods maintained, 292 Fraud against the partner of vendor, 365 When fraud against the carrier discharges his liability, 425 FRAUDS, STATUTE OF. (And see Guaranty.) Sales by auction, 52, 148 Sale of timber at per foot, 56 What agreements not within the seventeenth section. Sales of stock, 53 Sales of public shares, 54 Sales of growing crops, ib. Sales of growing trees or underwood, 56 Sales of fixtures, ib. Contract to procure goods, ib. Acceptance, within the statute, 57 Sample taken as part of the bulk, 58 Constructive, 60 By resale to sub-vendee, ib. By assent to appropriation, ib. By exercising ownership 61, 62 But acts of ownership must be unequivocal, 62, 63 By delivery to agent, 63 Provided he is duly authorized, 64 By giving an order on the bailee, ib. Earnest, when sufficient, 65 Effect of, 65, 66 Part payment, when sufficient, 66 Note or memorandum within the statute, 67 Need not be one entire document, 67, 68 When several writings may be connected, 68, 433 Parol evidence inadmissible to connect them, 70 Must specify the price, if any, 70, 71 Need not state a consideration, 72 Signature of parties, ib. Signature of defendant sufficient, ib. Signature in what part, 73 Signature by agent, 74 Authority need not be in writing, ib. May be countermanded before execution, ib. By auctioneer, 75, 160 By broker, 76 FRAUDS, STATUTE OF-(continued.) Signature by agent. By entry in broker's books, 76 By delivering sale-notes, ib. Unless they materially differ, ib. Or unless material alteration has been made without authority, 77 Signature by one party does not bind the other, 78 So, signature by agent of one party does not bind the other, ib. Sales fraudulent against creditors, void, 98 But good against the vendor, 98 note Continuance of possession is a badge of fraud, 99 But not conclusive, 100 When consistent with the conveyance, 101 When conveyance is conditional, 102 When there is no fraudulent intention, 103 When the transfer is notorious, 104 Sale by sheriff, 104; or, by landlord, ib.; or, by public auc- When the creditor has notice, 104, 105 G. GAME. Selling of game legal, 91 GENERAL ISSUE. (See Pleading.) GOODS BARGAINED AND SOLD, When maintainable, 241-244 When the proper form of action, 241, 255 note Specific appropriation by purchaser, necessary, 242 Not maintainable after a resale by vendor, 243 A verdict in this action does not bar the vendor's lien, 186 Form of count, 437 GOODS SOLD AND DELIVERED. (See Credit-Delivery.) When maintainable, 244, 255 note Waiver of tort, 245 Against quasi vendee, 246. (See Credit.) Where special agreement, 247-249 Not until time of credit has expired, 249 Proper form after credit has expired, 251, 252 Not for fixtures, 252 Nor for crops, trees, &c., 253 Nor for the value of materials for building plaintiff's house, ib. Proof of delivery, 253. (See Delivery.) Damages, 264. (See Damages.) |