페이지 이미지
PDF
ePub
[ocr errors]
[ocr errors]

.

.

.

[ocr errors]

. 283

cers

[ocr errors]

Of the SUBJECT MATTER OF CONTRACTS.

Section 1.-Of Contracts not under Seal respecting Real Property.

PAGE

Page

1. Of Agreements for the Purchase 2. Of the Tenant's Liability to

of Real Property.

repair

335

1. In General : Capacity to

3. Of Taxes as between Land-

contract ;

Misdescrip-

lord and Tenunt

339

tion of Premises; Puf-

4. Of Notices to quit.

firs

293

1. When necessary

340

2. How the Contract is af-

2. By whom to be given · 343

fected by the Statute of

3. To whom

346

Frauds

299 4. When they should erpire 347

3. Oj an Action by the Vendor

5. Form and Effect of them

ugainst the Vendee on

in other respects, and

the Contract

. 307

how waived

350

4. Of an Action by the Ven-

5. Of Firtures.

dee against the Vendor

1. In General; Transfer

upon such Contract 307

of; Stutute of Fruuds 353

2. Of Contructs not under Seal

2. Between Landlord and

betreen Landlord and Te-

Tenant.

nant.

1. Independently of Con-

1. To take, assign and sur-

tract

357

render Premises.

1. List of things not

1. When an Instrument

removable

359

amounts to a Demise,

2. Things removable,

or a Contract to let in

not being Trude

313

Fixtures

360

2. When the Letting musi

3. Of removable Trade

be in Writing under

Firtures

361

the Statute of Frauds 318

4. Doubtful Articles 362

3. Of a Tenancy

from Yeur

2. By Contract

363

to Year

321

3. Between out-going and

4. Of the Statute of Frauds

in-coming Tenant 365

as to an assignment 6. Of Away-going Crops, Til.

and Surrender of a

lages, 8c

366

Term

329 7. Of the common Count for

5. Of the Tenunt being es-

Use and Occupation 370

topped from disputing
the Landlord's Title . 331

[ocr errors]

.

.

[ocr errors]

.

.

tion 4.)

Page 1

PAGE 3. Of Contracts for Work and

2. Of their Liability Materials, (see post, Sec

under the Carriers' 541

Act, 1 11.4

487 4. Of a Contract for a Composi- 6. Of Wagers

495 tion in Lieu of Tithes 468 7. Of Guarantees and indemni5. Of Bailments.

ties. 1. In General; the different

1. Of the general Nature of Sorts of Bailees, and va

a Contract to guarantee rious Degrees of Negli

or become Surety; and of gence

470

a Contract of Indem-
1. Depositum

. 472
nity

499 2. Mandatum or Commis

2. How Guarantees are afsion.

472

fected by the Statute of 3. Commodatum, or Loan

Frauds. for Use

474

1. Ilhere the Statute ap4. Pignori Acceptum . 474

plies

507 5. Locatum or Hiring.

2. Of the Form and Re1. Locatio Operis fa

quisites of the written ciendi; and herein of

Memorandum. 517 Innkeepers

475

3. To what Extent a Șure2. Locatio Rei. 479

ty or Guarantee is 3. Locutio Operis Mser

Tiable

523 cium vehendarum

4. How he may be dis1. Of Carriers and

charged .

527 their Common Law Responsibility 480

[ocr errors]

.

Section III.-— Respecting the Person. Of a Contract to Marry

. 536

Section 1V.-Of Contracts respecting Services and Works. In General; and herein of Liens 541 8. Counsel, &c.

573 1. Agents and Brokers

547

9. Messengers under Fints in 2. Apothecaries, Surgeons, Che

Bankruptcy

573 mists, &c. 549 10. Physicians

574 3. Arbitrators

. 554
11. Printers.

574 4. Attorneys

• 554
12. Servants

. 575 5. Authors

565 13. Sheriff's and other ilinis6. Builders, Carpenters, and

terial Officers

581 other Workmen

565
14. Surveyors

. 585
7. Carriers
480 15. Witnesses

• 586

.

[ocr errors]
[ocr errors]
[ocr errors]

Section V.- Respecting Moneys. 1. Money lent

588 2. Who may in general main2. Money paid for Defendant's

tain the Action

601
Use.
In General

3. Against whom it lies in
. 591
general

610 Compulsory Payments 594

4. When it lies to recover
Money paid by Sureties
Contribution between Sureties 597

a Debt transferred by a

Creditor's Order on his
To pay illegal Debt

600 3. Money hud and received.

Debtor to pay the Plain1. In General ; when sustain

tiff

613 able; and Form and

5. Or Money which PrinNature of the Common

cipal orders his Agent to Count.

601

pay the Plaintiff 613

[blocks in formation]
[ocr errors]

Section 1.-of Contracts Ilegal at Common Law. 1. Immoral Contracts

661 3. Of Contracts void or voidable 2. Of Contracts contrary to Pub

for Fraud .

679 lic Policy

664 Section II.- Of Contracts void by Statute. 1. In General 693 6. Of Sules of Offices

720 2. Usury

.699 7. Illegul Sales of Goods 417 3. Gaming and Horse-racing 712 8. Of Contracts made on Sundays 724 4. Stock-jobbing

717 9. Of illegal Charges on Bene5. Illegal Companies or Associ

fices

725 ations

718

.

[ocr errors]

CHAPTER V.

[ocr errors]

OF THE USUAL DEFENCES TO ACTIONS ON SIMPLE CONTRACTS, 1. Performance of the Contract, 5. Of a Receipt for the Money and Ercuse thereof, &c.

paid

758 1. By whom the Contruct is to 3. Accord and Satisfaction 760 be performed

728 4. That a Bill of Erchange or 2. How performed

. 729

other negotiable Security 3. When it is to be performed . 730 has been taken for the Debt 766 4. Of Notice and Request to 5. Release of the Claim by the Act perform

732

of the Party, or by the 5. Of Ercuses of Performance,

Operation of Law. in general Conditions pre

1. Form and Effect of express
cedent

. 737
Release

775 6. Of rescinding a Contract on

2. By whom erecuted

• 780 Non-performance by the

3. To whom erecuted

781 other Party

741 4. Of implied Releases, or Dis2. Payment.

charges by operation of Law 782 1. By and to whom made 744 6. Another Action pending : 2. Of the Amount paid . 747

Judgment before recover3. When Payment presumed,

ed, &c.
and how made

748
7. Arbitrament and Award

. 790 4. Of the Appropriation of a 8. A Tender of the Debt. Payment where there are

1. In what cuses a Tender is distinct Accounts

752

available, und its Effect . 793

[ocr errors]

786

[ocr errors]

.

PAGE

[ocr errors]
[ocr errors]

PAGE 2. By whom it should be made 794 3. To whom.

794 4. The Amount to be terdered : 796 5. Il'hen it should be made . 797 6. Of the Mode of making a Tender

797 7. Of a Prior or subsequent Demand to defeat it

801 8. Of the Pleadings, 8c., on a Tender

802 9. The Statute of Limitations. 1. In General :- (the Enuct

ments of the Statutes, and
to what Demands they ap-
ply; and the Erceptions
therein

805 2. From what period the Limi

tation is to be dated 814 3. Of the Revival of the Re

medy by a new Acknow-
ledgment of the Debt, 8c.
1. In General

819 2. O; the Form and Nature

of the fresh Acknowledg

ment or Promise 821 3. By whom it muy be made 833

[ocr errors]

4. To whom

836 4. Of issuing, &c. a Writ to save the Statute .

837 5. Of the Pleadings as they relate to the Statute

838 10. Ofa Set-off

Nature of this Defence :

Enactments of the Statutes;
and in what Actions a Set-
off is allowed.

841 What Debts cannot be set.

off"; must be mutual, and

due in the same Right 816 Of Set-off' in Case of Bankruptcy

852 Of Pleading or giving Notice of Set-off

854 11. Infancy; pleuding it, Evidence, 8c.

857 12. Coverture; pleading it, Eridence, 8c.

858 13. Bankruptcy and Certificate ;

Pleading and Evidence re-
specting them

859 14. Dischurge under the Insolvent

Act; pleuding it, fc. 861

[ocr errors]
[ocr errors]
[ocr errors]

CHAPTER VI.

.

OF THE DAMAGES or SUM RECOVERABLE IN Assumpsit; AND HEREIN

of a PenALTY AND LIQUIDATED DAMAGES. Penalty and liquidated Damages ; Damages how assessed

873 nature of, fc.

863 Excessive or too small Damages . 875 Proceeding for a Penalty, or more 868 Statement of the Damages in the Of the Amount recoverable as Da

Declaration.

. 876 mages in other Cases

869

[ocr errors][merged small][ocr errors][merged small][merged small][ocr errors]
« 이전계속 »