GOODS SOLD AND DELIVERED-(continued.) Bad quality cannot be pleaded in bar, but may be given in evidence in reduction of damages, 268 Defence by purchaser, 284, 289. (See Defence-Pleading.) Form of count, 437 GUARANTY. (See Surety.) Agreement to guarantee must be in writing, 377 Exempted from stamp, 219, 378 What agreements are within the Statute of Frauds, 377-379 Distinction between original and collateral undertaking, 379 Where a good consideration moves between the surety and the creditor, Of the sufficiency of the writing within the statute, 381. (See Statute of The consideration must appear on the face of the written agreement, What is a sufficient consideration, 383 The terms must be strictly complied with, 385 Retrospective effect, 386 When the guaranty is continuing, 386-388 When non-continuing, 388, 389 How discharged, 389. (See Surety.) Want of written agreement, how pleaded, 378 note HORSE, H. Formalities prescribed by statute in the buying of horses, to bar the real The statute extends to horses wrongfully taken, as well as horses When a magistrate has jurisdiction to act, 177, 178 Warranty in the sale of a horse, 356. (See Warranty.) Positive proof of unsoundness necessary, ib. Whether sound or unsound is peculiarly a question for the jury, ib. Temporary injury, ib. Lameness, ib. Cough, ib. Crib-biting, 358 Badness of shape, ib. Roaring, ib. Chestfoundered, 359 Liable for necessaries purchased by his wife, 25 Whether parties cohabit or not, 25, 26, 32 Or unless she voluntarily departs, 36 Or, unless the parties live separate, and the wife has an adequate What allowance is sufficient, ib. Whence derived, 39 Allowance must be permanent, ib. Liable, if he gives authority, 30 Express or implied, 31, 431 Liable, on subsequent promise to pay, 31 Liable, where he turns his wife out of doors causelessly, 32 Either actually or constructively, 32, 33 Liable, where the parties live separate, and he fails to pay stipulated Cannot contract except for necessaries, 41, 44 The Court will not relieve merely on the ground that the party is of weak Unless plaintiff is guilty of imposition, 42 ILLEGALITY. (See Immorality-Sunday.) Want of qualification by vendor does not avoid the sale, 86 Sale of goods for smuggling, 87 Mere knowledge on the part of the plaintiff of the illegal intention Sales of provisions, &c. to voters, 90. (See Treating Act.) Selling of game, 91 ILLEGALITY-(continued.) Selling of small quantities of spirituous liquors, 94. (See Spirituous liquors.) Stock-jobbing, 91-94. (See Stock-jobbing.) IMMORALITY, Immoral contracts, void, 140 Sale of obscene or libellous prints, ib. Sale of clothes to a prostitute, 141 Use and occupation of house for purposes of prostitution, ib. IMPLIED, Implied agency, 26, 216, 277 Implied ratification, 217 Implied acceptance, 60, 257 Implied condition, 231, 385 Implied appointment of carrier, 262 Implied warranty, 345-349 Implied qualification in warranty, 353 INDORSEMENT. (See Bill of Exchange-Bill of Lading.) INFANT, Cannot contract in general, 2, 14 Except for necessaries, 15 Liable for torts, ib. But not for breach of contract, though sued in tort, ib. As warranty, ib. Contracts not void but voidable, 16 May sue, though he cannot be sued, ib. What are held to be necessaries, 16-18, 433 Must correspond with rank and circumstances, 17 Often a question for the jury, ib. What are held not to be necessaries, 18-21 Articles above his fortune and station, 18 Goods supplied in unreasonable quantity, or at extravagant cost, 19 Goods supplied in the way of trade, 19, 20 Not liable on account stated, 20 Nor on bill of exchange, ib. Nor for money lent, ib. Liable on ratification after coming of age, 21 Ratification must be express, 22 And voluntary, ib. And before action brought, ib. Not liable after ratification if contract void, 24 Plea of infancy, 285, 287. (See Pleading.) Replication to, 287. (See Pleading.) INTEREST, In action for not accepting, 241 In action for goods sold, 281 Not allowable in general, 282 Jury empowered to allow interest in certain cases, 283, 284 Where bill of exchange was agreed to be given, 282 Where an account has been stated, 283 Interest on deposit, 161 When laches of purchaser bars action for false representation, 325 When laches of vendor operates to make a bill or note discharge the original debt, 275 When laches discharge surety, 390 Liability of agent for laches, 395 When bailee liable for neglect, 418, 423 Different degrees of neglect, 418 note LAMENESS, Whether lameness is an unsoundness in a horse, 357, 359 note LICENCE, Licence to trade with alien enemy legalizes the whole adventure, 145, 146 LIEN. (See Agent-Stoppage in Transitu.) Distinction between particular and general lien, 181 When the vendor is entitled to a lien, 181, 182 Although express agreement as to price, 183 On insolvency, or bankruptcy, of the purchaser, 183, 184, 189 Where the lien is waived, 184 By parting with the possession, ib. By delivery of part, when, 185 When not, 186 When the lien is revived, 186, 187 No complete delivery, while the lien continues, 59 Trover cannot be maintained by the purchaser while the lien continues, 317 Lien of factor or other agent, 403, 431 When it attaches, 403, 404 How waived, 404, 405 Transfer of, 405, 406. (See Pledge.) Lien of carrier or other bailee, 420 LOTTERY TICKET Not within stock-jobbing Act, 93 Sale of, illegal, 93 note (s) LUNATIC, 41. (See Idiot.) M. MARKET-OVERT. (See Horse.) What constitutes market-overt, 167, 168 All shops in London, 167 But not for goods alien to the trade of the owner, ib. Unless the buyer colludes with the seller, 168, 169 Pawning of goods in market-overt does not bar the true owner, 169, 170 Even after the sale in market-overt, 172 MARRIAGE. (See Feme Covert-Husband.) MISTAKE. When the purchaser may recover back money paid under mistake, 333 MONEY HAD AND RECEIVED, When maintainable, 327 Not maintainable in general for mere breach of warranty, 328, and ib. note Or erroneous representation, without fraud, 329 Distinction between broken contract and rescinded contract, 328 Original stipulation that contract should be rescinded, 330 Subsequent agreement to the same effect, 330, 331 While contract remains executory, 331, 332 Where the vendor has been guilty of fraud, 332 Unless the purchaser has waived it, 335, 334 Excessive payment through mutual mistake, 333 Action by principal to recover money paid to agent, 399, 400 |