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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-

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Delivery to carrier, 262. (See Carrier.)

Delivery to support trover by purchaser, 310. (See Trover by Purchaser.)
Indorsement of warrant, or bill of lading, 311. (See Bill of Lading.)
Action for not delivering, 303. (See Assumpsit.)

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

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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
death, 29

Property in possession of bankrupt as executor or administrator, 128

EXECUTORY CONTRACT,

Within Statute of Frauds, 50, 51
Exempted from stamp, 220, 434

Part executory and part executed, 248

Money had and received maintainable for breach of warranty, while con-
tract is executory, 331

Money paid on illegal contract may be recovered, while executory, 332 note
Executory contract for the transfer of share in ship, 81

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
Debt due from factor may be set off by the purchaser, 280
Power of factor to pledge the goods of his principal, 296, 302
At common law, 296

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
Either express or implied, 31

Liable on promise to pay after husband's death, 31
When she may be treated as feme sole, 34, 35
Where husband has abjured the realm, 34
Or sentenced to transportation, 35

Or where divorce has taken place, 41

But not where the husband merely lives abroad, 34
Nor where the parties live separate, 40, 41

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
They do not pass to assignees of bankrupt, 125

FRAUD. (See Deceit-Fraudulent Alienation-Money had and received.)
Must be specially pleaded, 286

Fraud against vendee avoids the sale, 129
Puffing or fictitious bidding, 129, 148

Allowed, if notice given, 149

Unless the sale is declared to be without reserve, ib.
Fraudulent misrepresentation, 129, 132, 150, 320, 332
Although the goods be sold "with all faults," 130

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.)
When written agreement of sale necessary, 49, 67
What agreements within the seventeenth section, 50
Executory contracts, 50-52

Sales by auction, 52, 148
Sales of matured crops, 55

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
Must be voluntary, 57, 58

Sample taken as part of the bulk, 58
Acceptance of part by way of whole, 59
But not if the contract is severed, 60

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
When not, 69

Parol evidence inadmissible to connect them, 70
Must contain the names of both parties, ib.

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.
FRAUDULENT ALIENATIONS.

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-
tion, ib.

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
Damages, 241

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.)

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