NECESSARIES-(continued.) For married woman, 27, 34 NERVING. Nerved horse is unsound, 359 NON COMPOS, 41. (See Idiot.) NOTICE. By husband to tradesman not to supply wife with necessaries, 25, 29, Nugatory, where husband deserts his wife, 32 Notice of bankruptcy of vendor, 118 note Notice within the Factor's Act, 297, 298 Effect of notice by vendor to bailee not to deliver the goods, 200 Notice of claiming interest, 284 Notice of breach of warranty, 362, 363, 364 Effect of notice by carrier, limiting his liability, 422 Notice by indorsee of bill of lading of a prior claim, 312 Whether notice to the surety of default by the principal is necessary, 391 Notice of dissolution of partnership, 373, 374 Notice of set-off with the general issue, 279, 290 ORDER. 0. Order for goods of particular description, 268 OUTLAWRY. Disability to contract on the ground of outlawry, 44 P. PAROL EVIDENCE. Secondary to written, 217 Excluded by written evidence, 218 Memorandum to assist recollection admissible, ib. Proof of additional items, ib. Cannot vary written evidence, 69, 70, 153, 221, 542 Nor add to it, 221, 340 Nor explain it, 221 Unless there is latent ambiguity, 222 May discharge written, before breach, ib. Semble, even where Statute of Frauds required writing, 222, 223 PARTICULARS. Particulars of demand, when necessary, 437 Particulars of sale, 152, 155 PARTIES. Who may be parties to sale, 1, 2, 14 PARTNER. Purchase by partner binds the firm, 365 Unless the seller collude, ib. Sale by partner binds the firm, 410 How the liability may be created, 366, 411 Distinction between partners and part-owners, 412 Nominal partners, though not really interested, are liable, 366, 367 Dormant, or secret partner, liable, 369 Receiving share in profits in a particular adventure, 369, 370 Private agreement that the party shall not be liable to loss, not mate- Unless the seller had notice, 371 Purchase need not be joint, provided adventure be joint, 370 But no partnership, where there is in fact no communion of profits, Distinction between share in profits and salary charged on profits, Determination of liability, 373 Retired partner liable if his name continue to be used with his consent, 374 Or if he continue to participate in the profits, ib. Notice of disclaiming partnership, ib. Effect of dissolution on prior transactions, 375 The sole security of the remaining partner may be substituted for a part- nership debt, 375, 376 Liability of an infant partner, 21 Bankruptcy of partner, 122 Where the plaintiff is a partner, he must be described as such in the de- Or, if copartner be dead, he must appear as the surviving partner, 226 Nominal partner need not be joined, 367 note Nor secret partner, 369 note PART-OWNER. Sale by part-owner of vessel, 79 Distinction between partner and part-owner, 412 PAWNING. (See Factor-Pledge.) Pawning of stolen goods does not alter the property, 169 Not even in market-overt, 169 note, 170 PAYMENT, Must be specially pleaded, 273, 290 PAYMENT (continued.) Evidence, without plea, in reduction of damages, 273, 290, 436 Payment according to stipulation, 273, 274 Payment according to terms communicated by purchaser's agent, 274 Payment by transfer in banker's books, ib. Payment by bill or note, ib. (See Bill of Exchange.) Where third party allowed to act as agent, ib. Agent exceeding authority, ib. Under Factor's Act, 278, 279 What agent within the act, 279 Payments by bankrupt, when protected, 114, 115 Payments to bankrupt, when protected, 117, 118. (See Bankrupt,) Form of plea, 291 note Effect of part-payment within the Statute of Frauds, 65 Part-payment does not bar the vendor's right of stopping the goods, 192 PLACE, Agreement to deliver at a particular place, 233 PLEADING. (See Variance.) Declaration. Averments in support of alleged breach, 306, 307 Where several counts not allowed, 210 Account stated may be joined with any count for a money demand, Where the vendor ought to declare specially, 247 When common counts sufficient, 248, 249 Mode of declaring for breach of warranty, 334 note On implied warranty, 348, 349 Plea. Where several pleas not allowed, 286, 287 Effect of general issue, 285 In assumpsit, 285, 335 note In debt, 285 note In case, 317 note, 335 note What must be specially pleaded, 284, 285 Absence of written agreement, 286, 378 note Fraud, ib. Want of consideration, ib. Illegality, 286, 289, 435 Non-performance of condition precedent, 230, 289 PLEADING-(continued.) Payment, 273, 290, 436 Set-off, 279, 290 Money paid into Court, 290, 291 note Bad quality of goods, 265, 290 Plea in abatement for non-joinder of nominal partner, 367 note Replication. To plea of infancy, necessaries, 16, 287 Or ratification in writing, 21, 23, 287 To coverture, husband's authority, 30, 287 To non compos, necessaries, 42, 288 To attainder, pardon, 44, 288 To alien enemy, licence, 48, 288 Whether replication to plea of no written agreement should set out the agreement, 378 note Of the replication de injuriâ in assumpsit, 435 PLEDGE, Right of pledgee within the Factor's Act, 297 Without notice that the party is not the real owner, 297, 299 What is notice, 297 Right with notice, 300 Right of owner to recover the goods on repayment of advances, 302 POSSESSION, Continuance of possession by vendor, when fraudulent, 99 Of property in possession of bankrupt, 120 Delivery of possession, 57, 253. (See Delivery.) Right of possession necessary to maintain trover, 310 Parting with possession waives lien, 186 PREFERENCE, Debtor may give preference to a particular creditor, 104 PRICE, Whether it ought to be stated in the memorandum within the Statute of When the purchaser may recover back the price, 327, 328. (See Money Warranty never presumed from extent of price, 345 Liability of agent for price, 396, 397 PROHIBITED DAYS. (See Sunday.) PROHIBITED GOODS. (See Illegality.) When puffing avoids the sale, 129, 148 Bidding on the part of the owner, with notice, not fraudulent, 149 H H QUALITY, Q. When contract as to quality is a condition precedent, 233 When evidence of bad quality admissible in reduction of damages, 265. (See Damages.) When to be pleaded, 289, 290 Bad quality no defence to action on bill or note given for the price, 272 QUANTITY, Agreement to deliver particular quantity, 234, 235 When action maintainable for the part delivered, 235, 271 Delivery of excessive quantity, 272 Trover by the purchaser cannot be maintained until the quantity is ascer- RATIFICATION, R. By infant, on attaining full age, 21 By husband, of contracts of wife, 31 By assignees, of contracts with bankrupt, 116 By principal, of acts of agent, 74, 298, 409 RESALE, When resale amounts to acceptance within Statute of Frauds, 60 Offer to resell chattel, 61 Proper form of action after a resale by vendor, 243 Amount of damages after a resale by vendor, 240 Purchaser may recover for breach of warranty, after reselling the chattel, The damages may be increased by any loss on the resale, 360, 361 Contract by purchaser before receiving the goods to resell them does not RESCISSION OF CONTRACT, By infant, must be taken to be a total disaffirmance, 23 By bankrupt-trader, 111 When void, 112 By consent of parties, 201, 215, 292, 330 By either party until contract is finally completed, 151, 215, 214, 331 By vendor stopping the goods in transitu, 188, 190 note On the ground of fraud, 332 What wrongful act amounts to rescission, 254 When purchaser may rescind for breach of warranty, 527, 328 note, |