Εικόνες σελίδας
PDF
Ηλεκτρ. έκδοση

Figures refer to Sections.

ILLEGALITY- Continued.

even if restraint be partial and for good consideration, it will not
be enforced if unreasonable, 527.

but will be reduced to what is reasonable by the court, which
determines the point as a matter of law, 527.

if contract is good when made, it will not be rendered invalid by
subsequent events, 527.

sales of lawsuits, champerty, and maintenance, 528, 529, and
n. (p).

taking an interest in litigation as a security is not champertous,

529.

by statute, 530.

prohibition by statute, express or implied from the imposition of
a penalty, 530, and n. (s).

distinction between statutes passed for revenue purposes, and
others, 531.

authorities reviewed, 532–537.

general rules as to the distinction deduced from the cases, 538,
and n. (g).

statute relative to printers, 539.

to sales of butter, 539.

to sales of milk, 530, n. (s).

to sales of bricks, 539.

East India trade acts, 539.

weight and measures acts, 540.

game laws, 540.

gaming or wagering, 541, 542, and n. (o), 542 a.

whether time bargains for sale of goods are wagers, 541, 542,

542 a.

the parties must contemplate the actual delivery and receipt of
the goods, 542 a.

but this need not be done by the parties in person, 542 a.

tippling acts, 543.

decisions under tippling acts, 544.

cattle salesmen in London, 545.

sales of office, 546.

contract that A. shall resign with intent that B. shall get the
office, void, 548.

deputation of an office for price, "out of the profits," valid, 548.
decisions under the statutes relative to sales of office, 549, 550.
sale of goods delivered without permit, forbidden, 551.

sales on Sunday not void at common law, 552.

but made so by statute, 552, and n. (ƒ), 553, n. (k), 557, 558,
and n. (h).

decisions under the statute, 553, 554.

rights of indorsee of note made on Sunday, 557, n. (u).

Figures refer to Sections.

ILLEGALITY- Continued.

how if indorsed on Sunday, 557, n. (u).

(See SUNDAY.)

sales of chain-cables and anchors not tested and stamped, pro-
hibited, 555.

French law, 559.

cases of illegality where parties are not in pari delicto, 504,
n. (c).

IMPLIED WARRANTY. (See TITLE; WARRANTY.)

IMPOSSIBILITY,

as a defence for breach of contract, 570, and n. (a), 570 a, 571.
INCREASE OF PROPERTY,

title to under conditional sales, 320, n. (d).

INDICIA OF OWNERSHIP OF PROPERTY.

INFANT,

(See DOCUMENTS OF TITLE.)

effect of sale by one intrusted with, 19, and n. (x1).

rights and liabilities of on contracts, 22 et seq.

not liable for purchases, except necessaries, 22.
purchase not void, only voidable, 22.

not liable at law for fraudulently representing himself to be of full age,
22, and n. (i).

but is, in equity, 22.

disagreement among the authorities
upon this point in American states,
22, n. (i).

liable for tort disconnected from contract, 22, n. (i).

but not where his fraudulent representations are substan-

tially a part of the contract, 22, n. (i).

infancy good defence to action for deceit or false warranty in sale, 22,
n. (i).

liable in tort for conversion of goods obtained by fraud, 22, note (i).
when vendor may retake goods sold to infant, 22, n. (i).

may purchase a supply of necessaries, 23.

only liable for reasonable price; consideration always open to inquiry,
23, n. (n).

although negotiable note given, 23, n. (n).

what are necessaries, 23, and ns. (o), (p), (r), (s), 24, and ns. (b) and
(d).

food, lodging, clothing, tuition, &c. 23, 24.

this word includes articles of use, even though also ornamental or lux-
urious, 23.

it is construed according to the infant's age, state, and degree, 23.

examples from the decisions, 24.

whether question of law or fact? 23, n. (r), 24, and n. (g).

whether evidence admissible that infant was already supplied? 24, and
n. (h).

INFANT- Continued.

Figures refer to Sections.

married infant bound for necessaries for his wife and children, 25.

infant tradesman not liable for goods supplied for his trade, 26.

but if he uses any goods so supplied in his household, he is liable for
what is so used, 26.

is purchase by infant tradesman void or voidable? 26, and n. (p).

may ratify contract after majority, 27.

principle of such ratification, 27, n. (r).

whether must have known not liable, 27, n. (r).

what promise or acts amount to ratification, 27, n. (r), 28,
n. (y).

effect of ratification, 27, n. (r).

ratification must be made before action founded on con-
tract is brought, 27, n. (r).

whether must have been in writing, 27, and n. (s), 28.

vendor may reclaim goods, where infant avoids payment on ground of
infancy, 22, n. (i).

as to cases where goods have been used or wasted by in-
fant, see 22, n. (i), 27, n. (r).

whether infant avoiding purchase may recover purchase-money paid by
him, 24, n. (ƒ).

whether on avoiding sale infant must restore consideration
received, 27, n. (†).

right to avoid sale may be exercised against bonâ fide purchasers, 27,
n. (r).

INSOLVENCY,

undisclosed knowledge of vendee of, not fraudulent concealment, 440,
n. (e).

insolvent buyer has no right to rescind a sale and return goods to the
unpaid vendor, for the purpose of preferring the latter over other
creditors, 498, 499.

but he may decline to complete a sale, if the property has not passed,
500, 501.

or may refuse to take possession, so as to give vendor an opportunity for
stoppage in transitu, 500.

on buyer's insolvency, vendor may refuse delivery even if the property
has passed, and the sale was on credit, 677, 678, 759.

but vendor cannot rescind the contract because of vendee's insolvency,

764.

he may refuse further deliveries to buyer's assignee, unless paid for
partial deliveries made before the bankruptcy, 759, 759 a.

and if bill received in payment is dishonored, vendor may stop de-
livery, 772.

his responsibility on so doing, 722.

bankrupt's assignees cannot maintain trover against unpaid vendor in
possession, 769.

Figures refer to Sections.

INSOLVENCY- Continued.

meaning of, when a ground of stoppage in transitu, 837, and ns. (k) and (1).
when must occur to be available as such ground, 837, and n. (k). (See
STOPPAGE IN TRANSITU.)

INSPECTION,

vendor must give opportunity to inspect, 695.

examples of buyer's right to refuse acceptance where fair opportunity of
inspection refused, 701.

if inspection on deceptive sample, 651, 667, 705.

buyer's right of rejection after inspection, 651, 652, 652 a.
INTENTION

not to pay for goods, fraud, 440, n. (e).

"INTEREST" IN PROPERTY,

sale of, whether in such case separation is necessary, 354, n. (o).

JUDGMENT,

JURY,

in trover, effect of, to pass title, 49, and n. (r).
confession of, with intent to give preference, 488.

to determine as to reasonable time, 684, and n. (e), 700.
word to be inserted in blank in agreement, 53, n. (c).
whether goods sold infant are necessaries, 24, and n. (g).
acceptance by buyer under statute of frauds, 144, and n.
(9).

intent to pass property by sale, 311, n. (c).

whether sale absolute or conditional, 320, n. (d).

whether sale fraudulent or not, 485.

whether thing delivered is really what the purchaser con-

sented to take, 609.

whether warranty was intended, 613, and n. (m).

JUS DISPONENDI, RESERVATION OF THE

preliminary observations, 381.

what indicates, 392 a.

is more than a lien, 399, n. (h).

property does not pass when vendor shows the intention of reserving it,
381.

vendor may retain hold on goods though they be put in transportation,
382, and n. (a1).

authorities reviewed, 382-398.

making bill of lading deliverable to order of consignor decisive to show
intention of reserving the jus disponendi, 390. See 382, n. (a1).

it is a question of fact for the jury what was the intention of the con-
signor, 382, n. (a1), 390.

property may be reserved by consignor even when he puts goods on board
of consignee's own ship, 392.

rules deduced from the authorities, 399.

Figures refer to Sections.

JUS DISPONENDI, RESERVATION OF THE - Continued.
first, delivery to carrier by buyer's orders for delivery to buyer passes the
property, 399, and n. (e).

second, where a bill of lading is taken, the delivery to the carrier is for
conveyance to the person named in the bill, and not to the vendee,
unless he be that person, 399.

third, making bill of lading deliverable to order, of vendor, is almost de-
cisive to prevent the property passing to vendee, in absence of rebut-
ting evidence, 399.

fourth, where there is evidence to rebut the presumption arising from the
form of the bill of lading, the question is one of fact for the jury, 399.
fifth, effect of delivery of goods even on purchaser's own vessel, may be
restrained by the terms of the bill of lading, so as to prevent property
from passing, 399.

sixth, where bill of lading is inclosed to the buyer, together with a bill
of exchange for the price of the goods, buyer acquires no right unless
he accepts the bill of exchange, 399.

as to whether vendor is bound to forward bill of lading for goods not
paid for, 388 a.

transmission of bills of lading as security for antecedent advances, 399,
n. (1).

LADING. (See BILLS OF LADING.)

LAND,

latent defect in, duty to disclose, in sale, 430, and ns. (k) and (1), 478,
478 a.

interest in land governed by 4th section of statute of frauds, 113.
what is an interest in land, 115, 126, and n. (y).

growing crops, when an interest in land, and when chattels, 120, 121.
right to enter on and cut timber, force of under statute of frauds, 126
n. (y). (See GROWING CROPS.)

LAW. (See LEX LOCI.)

mistake of, as distinguished from mistake of fact, 419.

LEAP YEAR, 562.

LETTER,

contract made by. (See CORRESPONDENCE.)

of inquiry not rejection of offer, 40.

accepting offer duly mailed, sender not liable for subsequent delay, 44,
n. (a).

containing order for goods, accepted by delivering the goods, 45, n. (i).
order by letter complete when letter is posted, 45, n. (i).
goods ordered by, sent to purchaser, when and where contract of sale
complete, 45, n. (i).

LEX LOCI,

validity of contract depends generally on law of place where made, 113,
n. (1).

« ΠροηγούμενηΣυνέχεια »