Action lies for balance due upon an account stated, 417.

by one copartner against his companion, Ib.

what is evidence of an account stated, 418.

ACTION UPON CONTRACTS AND PROMISES,

within what time to be commenced, 68.

ADMINISTRATOR. See Executor.

AGENT. See Principal, Factor, Broker and Agent; and Money Had and

Received.

AGREEMENT. See Contract.

ANNUITIES,

in what cases the purchase-money may be recovered back when an
annuity is set aside, or avoided, 328.

APPRENTICE,

the master of, entitled to his earnings, for services performed for another,

527.

ARBITRATOR,

liable for necessaries furnished his apprentice, 533.

no action lies for business done as such, 255.

ATTORNIES,

when entitled to sue for the recovery of their bills of costs, 247.

liable to an action for negligence: but negligence is no defence to an action

for costs, 253.

AUCTION,

of sales by public auction, 132.

employing puffers avoids a sale, Ib.

a

bidder may retract his bidding before the hammer is down, &c., Ib.
AUCTIONEER,

an agent for buyer and seller, 99.

but his clerk is not, 103.

a stake-holder of the deposit for both parties till the sale is complete, 272.
may sue in his own name for the price of goods sold, 135.

liable to an action for the deposit without interest, if the title be de-
fective, &c., 272.

AUCTIONEER, (continued.)

liable for deposit and expences if he does not disclose his principal, 135.
not liable to an action by his employer for selling at the highest bidding
though contrary to private instructions, 547.

liable to an action for selling the fixtures in a house after notice, Ib.
must declare specially in an action against his principal for payment of de-
posit and costs to a purchaser, Ib.

cannot recover against his principal the amount of auction duty paid in
consequence of his own neglect, Ib.

B.

BAIL,

money paid by bail for his principal, 398.

BANKRUPT,

a promise to pay a debt barred by his certificate, 19.

of a promise by a bankrupt or his friend when void, 54. 66.

money paid by a friend to sign a certificate, &c. when recoverable back,

BARGAIN AND SALE OF GOODS WITHOUT DELIVERY, 131.
BASTARD CHILDREN,

who liable for necessaries found for, 638.

BILLS OF LADING,

sale of goods by transfer and indorsement of, 160.

in whom the property of goods is vested, Ib.

BRICKS,

sale of under the statutable size, void, 66.
BROKER. See Principal, Factor, Broker and Agent.
BUILDER. See Carpenter and Builder.

568.

where work is done under a special contract and for a fixed price, any
deviation or extra work does not avoid the contract, 256.

in an action for work and labor and materials, the employer may shew
the badness thereof so as to reduce the quantum of price, &c., 239.

CARRIERS,

who are deemed common carriers, and their liability for the loss of goods,

568.

By land,

how far deemed in the nature of insurers against fire, robbery, &c. 569, &c.
bound to deliver goods to the premises of the consignee, 580.

what shall be deemed a delivery and acceptance of goods by a carrier, Ib.
of notices by carriers limiting or exempting themselves from the general
law liability, 573.

in what cases liable, notwithstanding such notices, either by accepting
the goods with knowledge of their value, or in consequence of gross
negligence, &c., 577, 8.

by whom the action must be brought, in case of loss or damage of goods,

.582.

general lien upon goods, 584.

By water,

liable for loss of goods, 585.

CARRIERS, (continued.)

By water,

of their exemption in particular cases by reason of the exception in a bill
of lading, and by acts of parliament, 587. to 591.

CLERGYMAN. See Services and Works.

COHABITATION,

agreements for future cohabitation void: but not a promise by way of
reparation for past seduction, 55.

COMMISSIONERS TO EXAMINE WITNESSES. See Services and Works.
CONCEALMENT,

of material circumstances vitiates a contract if done fraudulently, 59.
CONSIDERATION,

various kinds of, to support a promise, 7.

CONSTRUCTION OF CONTRACTS, 25.
CONTRABAND GOODS. See Smuggling.
CONTRACTS AND PROMISES,

of the nature and parts of a contract and promise, 1.
parties to, 6.

express and implied contracts and promises, 3.

must be made upon a good consideration, 7.

ought to be obligatory on both parties, 2.

of the construction of, 23.

a penalty or stipulated damages, 28.
cancelling and rescinding a contract, 38.
performance of, 40.

stamping of, 44.

illegal at common law, 53.

by the statute law, 59.

limitation of actions upon, 68

CONTRIBUTION,

between co-sureties, 401.

to party walls. See Party Walls.

COUNSEL,

can maintain no action for fees, 247.

not liable to an action for return of fees, &c., 233.

CREDIT,

on sale of goods, 179.

D.

DAMAGES. See Penalty and Stipulated Damages.

DEBTOR AND CREDITOR,

if upon a composition a creditor obtains more money from his debtor
than the amount of the composition he is liable to refund it, 368.

DECEIT,

obtaining goods upon pretence of a sale, &c., 116. 168.
DEL CREDERE COMMISSION. See Principal and Factor.
DEPOSIT MONEY. See Sales,&c. Money Had and Received.
DISTRESS FOR RENT,

if upon a distress and seizure of the goods of a tenant, a parol promise
by a third person is made to pay the arrears on giving up the goods, it
is valid and need not to be in writing, 221.

DRUGS,

sale of prohibited drugs to a brewer void, 65.

E.

EARNEST. See Sales.

EAST INDIA COMPANY,
their sales, &c., 155.

ship,

sale of the command of, void, 451.

EAST INDIES,

trading to, by private persons, 65.

ELECTION,

treating at an election, and contracts made thereon, void, 66.
providing hustings or booths, &c. at whose expence, 260.

ENEMY,

trading with an enemy,

EXECUTION,

without the king's licence, void, 57.

a verbal promise by a third person to pay a debt, in consideration of giving
up goods seized in execution, valid, 221.

EXECUTOR AND ADMINISTRATOR,

a verbal promise by, to pay the debt of the testator or intestate, void, 8.

F.

FACTOR. See Principal and Factor.

FAIRS,

sale of goods in, 166.

FATHER AND SON,

a father is liable for necessaries furnished to his son, 629.

but not liable whilst the son is living from his father, if the latter makes
a proper allowance to his son, 633.

not liable to provide for his wife's children by a former marriage, but
they are liable to him, 630.

he is, however, liable to tradesmen supplying them with necessaries
whilst living with him, 632.

if a son, under a general authority from his father, receives money from
a debtor, the latter is discharged though the son misapplies the
money, 550.

if a trader, upon a misrepresentation by a father respecting his son, an
infant, is induced to trust the son with goods, and they afterwards
come to the use of the father, he is liable for the amount to the
trader, 169.

FEME COVERT. See Married Women.

sole trader in London liable to be sued as a feme sole in the city courts, 599.
FORBEARANCE TO SUE,

a promise to pay a debt of a third person, in consideration of forbearance
not to sue, &c. must be in writing, 190.

FORESTALLING ILLEGAL, 65.

FRAUD,

contracts infected with fraud are void, 58.

FRAUD, (continued.)

deceitfully obtaining goods under a pretence of sale, &c., 175.
fraudulent representations or concealment, 59.

FRAUDS, STATUTE OF,

Relating to the sale of goods for the price of 10l. and upwards, the
buyer must either accept part, or give something in earnest, or sign a
note in writing by the party or his agent, 82.

public stock, &c. not goods, 84.

executory and executed contracts within the statute, 82.

goods in esse, and in a fit state of immediate delivery, at the time of
sale, within the statute, but otherwise not, 83.

a contract for several distinct articles amounting to 107. is with the
statute, 86.

an actual delivery not necessary where the goods bought are ponderous,
or in a public warehouse, &c., 87.

but there must be either an actual or symbolical delivery, and an ac-
ceptance affirming the contract, so as to make a change in the pro-
perty, &c., Ib. 91.

if an absolute contract be made for one article, and a conditional con-
tract for another, at one and the same time, they are two contracts,
and an acceptance of the first article will not assist the second con-
tract, so as to prevent the operation of the statute, 91.

a parol dispensation of the terms of delivery does not avoid the con-
tract, 92.

a delivery of goods to a carrier sufficient, Ib.

what shall be a sufficient delivery upon a sale by sample, 94.

what is a sufficient payment of part of the price, or of giving some-
thing by way of earnest, 95.

the note in writing need not be in any particular form of words, Ib.
the agent need not be authorised in writing, 98.

he must be unconnected in interest with the contract; therefore a
buyer and seller cannot act as agent for each other, Ib.

a broker or auctioneer employed to sell is deemed agent for both
parties, 99.

but an auctioneer's clerk is not, 103.

of a broker's bought and sold note, Ib.

Relating to promises by an executor or administrator.

a promise by an executor to pay the debt of his testator, unless in
writing, will not charge him personally, 8.

Relating to promises to be answerable for the debt, default, or miscarriage
of another.

A promise to be in any manner answerable for the debt or default of
another must be reduced into writing and signed, and the consider-
ation stated, 190, 200, 207.

So, for money or goods supplied to another, 192.

where the party promising is in any manner liable to the original debt,
&c. the statute does not apply, 195.

nor where the consideration for the promise is made to the party
promising, 196.

Relating to an agreement not to be performed within a year, 231.
Relating to promises to pay money in consideration of marriage, 456.