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COPYRIGHT, 1920,

BY

SAMUEL WILLISTON

SOCIAL SCIENCES

HF1253
W55
1.2

Social
Scienar

TABLE OF CONTENTS

620

iii

(References are to sections )

Section

Secondary rules: Language will be construed most strongly against the

party using it...

621

Secondary rules: Written matter in a contract is given greater effect than

printed matter.

622

Secondary rules: An interpretation given by the parties themselves will be

favored.....

623

Secondary rules: Conflict between prior and subsequent clauses..

624

Secondary rules: Guaranties ..

625

Secondary rules: Contracts affecting a public interest.

626

Latent and patent ambiguities ....

627

Interpretation of several connected writings.

628

Surrounding circumstances may always be shown.

629

Previous negotiations. .

630

Parol evidence rule.

631

Scope of the rule..

632

Integration depends upon intent.

633

It may be shown that the writing has never become effective.

634

Absolute written transfer may be proved by parol to be a mortgage.

635

An incomplete writing may be added to by parol....

636

There may be entirely distinct contemporaneous oral and written agree-
ments...

637
Test for determining whether an oral agreement is so far separate and col-
lateral as to be admissible...

638

Collateral parol agreements contradicting a written contract are inadmissible 639

Collateral agreements contradicting an implication of law..

640

Other inadmissible collateral agreements.

641

Admissible collateral agreements..

642

Parol evidence of a warranty....

643

Agreements collateral to negotiable paper.

644

Agreements collateral to deeds .....

645

The parol evidence rule does not exclude oral agreements alone..

646

Applications of the parol evidence rule to third persons.

647

ell. .....

[ References are to sections )

Section

After election to continue a contract in spite of a known excuse, the excuse

cannot be asserted...,

688

Waiver of condition not yet broken or defence not yet arisen.

689

Waiver of promise before maturity....

690

A promissory estoppel does not require an intent to surrender a right. 691

Knowledge of facts is not necessary for a promissory estoppel..

692

Agreement to be liable in spite of a defence already accrued.

693

Agreement to discharge from a liability already arisen..

694

Laches. ...

695

Whether intention is essential for gratuitous surrenders or for laches.. 696
Knowledge of facts is necessary to make binding a promise to give up an ac-
crued defence or to constitute laches. .....

697

Ignorance of the legal effect of known facts is not material except in the case

of laches..

698

Illustration of the foregoing principles: Building contracts. .

699
Acceptance of defective performance of a contract to sell goods does not neces-
sarily indicate release of liability for defective performance. .

700

If goods are offered as full satisfaction they must be taken as such if taken at

701

Acceptance of defective performance by a buyer.

702

The buyer may sue for defective quantity..

703

The buyer may sue for delay in performance.

704

Circumstances under which the buyer may have a right to sue for defective

quality...

705

Buyer's agreement to surrender his right must be proved as a fact..

706

Effect of retention without complaint...

707

In some states acceptance of title waives right of damages for inferior quality. 708

Difficult position of the buyer under this rule....

709

Exceptional cases where acceptance of goods does not preclude subsequent

objection..

710

Nature of warranty as affecting the consequences of accepting goods. 711

What is meant by express warranty in this connection.

712

Right of objection to latent defects is not lost.

713

Provisions of the Uniform Sales Act..

714

Damages recoverable by the buyer.

715

Express provisions of the contract.

716

Rule of the Civil law.....

717

Rescission of acceptance..

718

Acceptance of part of goods tendered...

719

Whether acceptance of part is acceptance of the whole.

720

Effect of seller's assent to buyer's acceptance of part.

721

Sales on approval or with right to return.....

722

Acceptance of defective performance under a contract to sell real estate.... 723

Acceptance of defective performance under a contract for work or construc-

tion......

724

Continuance of contract of employment after cause for discharge is known.. 725

Waiver of conditions in subscriptions to stock...

726

Surrender of rights accompanied by delivery of tangible property.

727

Discharge of seller's lien in sales of chattels.

728

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