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NECESSARIES-(continued.)

For married woman, 27, 34
For non compos, 42, 43

NERVING.

Nerved horse is unsound, 359

NON COMPOS, 41. (See Idiot.)

NOTICE.

By husband to tradesman not to supply wife with necessaries, 25, 29,
36, 37

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
Change of property in goods made to order, 315
Delivery-order passes property, 257

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
But cannot substitute contract different in effect, ib.

PARTICULARS.

Particulars of demand, when necessary, 437

Particulars of sale, 152, 155

PARTIES.

Who may be parties to sale, 1, 2, 14
Assent of, 213

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
Where the name is used in a particular transaction, 368, 369

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-
rial, 366, 370

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,
371, 372

Distinction between share in profits and salary charged on profits,
372, 373

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-
claration, 225

Or, if copartner be dead, he must appear as the surviving partner, 226
Otherwise as to defendant, 226 note

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
Risk of remittance, ib.

Payment by transfer in banker's books, ib.

Payment by bill or note, ib. (See Bill of Exchange.)
Payment by purchaser to his own agent, 276, 277
Payment to vendor's agent, 277. (See Agent.)

Where third party allowed to act as agent, ib.
Where agent acts as principal, 277, 278
Not good after notice, 278

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,)
Payment of money into Court, 290

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
Trover cannot be maintained by the purchaser before payment, 317, 318

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,
ib. and note

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.)
Disability to contract, 287

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
Non-joinder of dormant partner, 369 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
When fraudulent, 108

PRICE,

Whether it ought to be stated in the memorandum within the Statute of
Frauds, 70, 71

When the purchaser may recover back the price, 327, 328. (See Money
had and received.)

Warranty never presumed from extent of price, 345

Liability of agent for price, 396, 397

PROHIBITED DAYS. (See Sunday.)

PROHIBITED GOODS. (See Illegality.)
PUFFING,

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-
tained, 315

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,
363

The damages may be increased by any loss on the resale, 360, 361
And by the expenses of keep for the purpose of resale, 362
Resale by purchaser after purchase from felon, 173, and ib. note
Resale by vendor dispenses with a request to deliver the goods, 306

Contract by purchaser before receiving the goods to resell them does not
bar the vendor's right of stoppage, 197

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,
(See Money had and received.)

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