RIGHTS, DECLARATIONS OF,

new rule as to declaratory judgments, 486
larger in its operation than the old rule, 486

decisions upon the old rule, 486

when Court would refuse to make a declaratory decree, 486
later decisions construed the rule more literally, 486, 487

future rights will be declared where all parties sui juris, 487

but, semble, not where all parties are not and could not be before the
Court, 487

probable intention of new rule, 487

FORMS :-

statement of claim in action for declaration of intestacy, 486

statement of claim in action for declaration of title and for administration of
estate, 488

statement of claim for a declaration to charge an estate with repayment of
a sum of money, 421

contract for sale of goods need not generally be in writing, 489

exceptions to this rule under 4th and 17th sections of the Statute of
Frauds, 489

essential difference in the evidence of the contract where the goods are
above or below £10 in value, 489, 490

what the memorandum under the statute must contain, 490

effect of omission of price, 490

where memorandum made up of several documents, 491

as to signature, 491, 492

what sufficient, 491

signature by agent, 491

auctioneer agent for both parties, 491

signature of broker on bought and sold note, 421, 492

how far broker can bind buyer and seller, 492

as to acceptance and receipt under the 17th sect. of the Statute of Frauds,
492, 493

when acceptance of part is sufficient, so as to remove necessity for signed
memorandum, 492

when acceptance of sample sufficient, 492

there may be an acceptance, though buyer has still power to object to the
quality, &c., 492

so, though purchaser has not had an opportunity of examining all the
goods, 492

so, though it remain open to purchaser to dispute terms of contract as
alleged by vendor, 492

constructive acceptance by acquiescence, 492, 493

there can be no acceptance and receipt while vendor's lien remain, 423
delivery to carrier named by vendee is not acceptance and receipt, 493
so, delivery on ship chartered by purchaser, 493

earnest or part payment, 493

to constitute part payment, money must actually pass, 493

where contract is within the statute and statute is not complied with,
defendant must specially raise defence of statute in his statement of
defence, 493

vendor not generally bound to deliver goods sold, 493, 494

but may be by agreement, 493, 494

time of delivery not generally of essence of contract, 494

when delivery by vendor dispensed with, 494

where goods to be delivered by parcels or instalments, refusal to accept
one does not exonerate vendor from obligation to deliver others, 494
effect of purchaser's insolvency, 494

SALE OF GOODS-continued.

measure of damages where vendor has failed to deliver, 494, 495
purchaser bound to accept delivery when duly tendered, 495

what is sufficient tender, 495

where larger quantity than purchased is tendered, purchaser may decline
to accept, 495

so, where less quantity tendered, 495

purchaser cannot refuse a good tender of goods made within the proper
time, because of a previous tender of inferior goods having been made,
495, 496

partial breach of contract to deliver does not generally justify a refusal
to receive, 496

purchaser not entitled to tender or delivery where nothing said in contract
as to delivery, 496

vendor not bound to tender where purchaser intimates that he will not
accept, 496

effect of a sale "on arrival" or "to arrive," 496

warranty on sales, 496, 497

where vendor sells as owner "caveat emptor" does not apply as to
title, 496

where purchaser has opportunity of inspecting goods before sale,
caveat emptor" applies, 496

aliter, if no such opportunity, 496

where vendor passively acquiesces in deception of purchaser, 497
as to stoppage in transitu, 497

as to passing of property, 497

title by purchase in market overt, is good against the world, except
the true owner claiming after he has prosecuted the thief to
conviction, 497

FORMS :-

where goods bona fide bought from thief revert to original owner
on conviction of thief, purchaser caunot claim cost of keeping
them, 497

statement of claim in action by buyer against seller of goods for delivering
them inferior to contract, 489

statement of claim in action by buyer against seller of goods for not deliver-
ing, 491

statement of claim in action by creditor against principal debtor and his
surety severally, on a guarantee for goods sold, 493

statement of claim in action against a surety for price of goods, 302
statement of claim in action against vendee for not accepting delivery. 495
statement of defence to preceding claim, alleging variation of contract and
default by plaintiff, and counter-claim for non-delivery by plaintiff, 497
reply to preceding defence and counter-claim, 498

statement of claim in action against purchaser for not accepting delivery of
part, and for price of part accepted, 498

statement of defence to preceding claim, alleging that goods delivered
already were inferior to sample, 499

statement of claim in action for not accepting goods, and for demurrage, &c.,
incurred in their delivery, 499

statement of claim in action for damages for delivering goods not merchant-
able, and dangerous, 500

statement of defence to preceding claim, alleging inspection of goods by
plaintiff, and purchase by plaintiff in reliance on such inspection only,
and breach by plaintiff of agreement to refer matters in dispute to arbi-
trator, and counter-claim by defendant, 500, 501

statement of claim in action for refusing to accept goods, and not submit-
ting dispute to arbitration as agreed, 501

SALE OF GOODS-continued.

FORMS :-

statement of claim in action for balance of account for goods sold, and
charges for certain work done in connection with them, 502

statement of defence to preceding claim, alleging fraudulent misrepresenta-
tion by plaintiff, and counter-claim for return of a bill of exchange
handed by defendant to plaintiff, and for injunction to restrain negotia-
tion of the bill of exchange, 502, 503

statement of claim in action for goods sold, 503

statement of defence to preceding claim, alleging that goods were sold sub-
ject to approval, and that time for approving or disapproving was not
expired, and counter-claim alleging that defendant has disapproved, and
claiming return of money paid in advance, 504

statement of defence (where writ has been specially indorsed) to action for
price of a boiler, alleging that it was not fit for the purpose for which
plaintiff knew it was intended, and counter-claim on a warranty, 504,

505

statement of defence to action (where writ specially indorsed), alleging that
the goods were sold on an unexpired credit, 505

statement of claim in action for not delivering goods sold, 505
statement of defence to preceding claim, setting up Statute of Frauds, and
alleging rescission of contract, and plaintiff's bankruptcy, 506

SALE OF LAND,

contracts relating to land must be evidenced by writing, 506
when plaintiff can proceed by a specially endorsed writ, 506

what necessary to show in action by vendor to recover purchase money, 506
measure of damages in action against purchaser for not completing, 506
measure of damages in action by purchaser against vendor for not com-
pleting, 506, 507

what damages or expenses cannot be recovered in such action, 507
purchasers cannot generally recover damages for loss of bargain, 507, 508
measure of damages where entitled to recover for loss of bargain, 507
effect of agreeing on a sum as "liquidated damages," 507

premature or merely speculative expenses cannot be recovered, 507
where vendor innocently misrepresents acreage of property sold, purchaser
cannot after completion recover damages for deficiency, 508

FORMS :-

statement of claim in action by purchaser for deficiency in acreage, 506
statement of defence to preceding claim alleging completion, that defendant
reasonably believed extent of acreage was correct, and that it had been
estimated at amount named, 508

statement of claim in action by vendor of land and house against purchaser
for breach of contract claiming damage for interim depreciation, 508
statement of defence to preceding claim, alleging false representation by
plaintiff and counter-claim for purchase money paid and damages for
breach of contract, 509, 510

statement of claim in action against purchaser for non-completion, claiming
loss upon a re-sale, 510

statement of defence to preceding claim, alleging that plaintiff would not
appoint a valuer to fix amount of purchase-money according to agree-
ment, 510

statement of claim in action for damages for breach of contract to deduce a
good title and convey by a specified day, time being of the essence of the
contract, 511

statement of defence to preceding claim, alleging waiver by plaintiff of
stipulation to deduce a good title and convey by a specified day, 511
statement of claim in action against purchaser on an agreement to assign a
lease, claiming liquidated damages, 512

SALE OF LAND-continued.

FORMS :-

statement of defence to preceding claim, alleging that amount claimed is a
penalty and not liquidated damages, that there was fraudulent mis-
representation by plaintiff, and counter-claim for breach of contract by
plaintiff, 512, 513

statement of claim in action for recovery of deposit paid to auctioneer on
the vendor's failing to complete, 513

not to be introduced in pleadings. See PLEADINGS (Statement of CLAIM).
SCHOOL MASTER,

claim against for excessive chastisement of pupil. See ASSAULT AND
BATTERY.

SCULPTURE,

copyright in. See COPYRIGHT.

SEAWORTHINESS,

warranty of. See INSURANCE (MARINE).

SEDUCTION,

loss of services the foundation of the action for, 514

quare is pregnancy essential to constitute the cause of action? 514

material averments in action for, 514

certain cases in which there is no remedy for seduction though followed by
illness, 514, 515

what is sufficient evidence of service to entitle a parent to sue, 515

difference in measure of damages in actions by master and father, 515
defences to actions for seduction, 515

denial that plaintiff was master of woman at time of seduction, 515
denial of seduction, 515

denial of illness and loss of service resulted while in plaintiff's service,

515

Statute of Limitations after six years from alleged loss of service,

515

that plaintiff encouraged improper intimacies or was grossly neglectful
of parental duties, 515

quare whether latter plea is not rather matter in reduction of damages,
515, 516

FORMS-

statement of claim in action by a father for seduction of his daughter, 514
statement of defence to preceding claim, 515

reply to preceding defence, 515

SELF-DEFENCE,

assault in, justifiable. See ASSAULT AND BATTERY.

SEPARATE ESTATE. See HUSBAND and Wife.

SERVANT. See WRONGFUL DISMISSAL.

nuisance created by servants of a contractor.

See NUISANCE.

injuries to. by negligence of fellow-servants in common employment. See

NEGLIGENCE.

malicious or wilful acts of. See NEGLIGENCE,

INDEX.

715

SERVICE,

action for loss of. See SEDUCTION.

SET-OFF. See PLEADINGS.

SHARES,

statement of claim in action for calls, 516

power to make calls usually vested in the directors, 516

in making calls directors bound to conform to conditions in the articles,

516

when calls may be made, 516

when transfer is made and registered after call made but before it is pay-
able, semble, the tranferor is the person liable in action for the call, 516
interest at 5 per cent. is payable on shares from day appointed for pay-
ment until actual payment, 516

defences to actions for calls, 516, 517

statement that "no further calls are contemplated," 516
denial of right of directors to make calls, 516

that directors had exercised power in informal way, 516

fraud on part of company, if defendant at once repudiated the shares,

516

innocent misrepresentation, where complete difference in substance between
what was supposed to be taken and what was taken, 517

how far fraud is a defence when company is in liquidation, 517

person duly settled on list cf contributories of company and on whom calls
have been duly made, cannot in action for calls by liquidators of company
counter-claim for debt or damage due to him from company, 517
liability to pay calls is in nature of specialty debt, 517

consequently Statute of Limitations does not apply till after twenty
years, 517

action for not accepting share, 517

writing not generally necessary on sale of shares, 517

exceptions, 517

as to customs on the London Stock Exchange in sale of shares, 517
person dealing on Stock Exchange is deemed to have notices of its usages,
517

contract for sale of shares not rescinded if company is wound up between
making of contract and execution of transfer, 517

time is of essence of contract to deliver shares on a particular day, 517
what is measure of damages for not accepting stock, 517

action for not delivering shares, 517, 518

measure of damage in such action, 518

where shares paid for, plaintiff is entitled to return of his purchase money,

518

time is of essence of the contract, 518

plaintiff need not prove that he actually tendered price of shares to
defendant, 518

mandamus will lie against a chartered company to compel it to place
plaintiff a shareholder on the register of the company, 523

provisions of the rules of 1883 as to mandamus, 523

FORMS-

statement of claim in action against a shareholder for allotment-money and
calls, 516

statement of defence to preceding claim, alleging that defendant had no
notice of the allotment or calls, 518

statement of claim in action for calls merely, 518

statement of defence to preceding claim, alleging fraudulent and material
misrepresentation by plaintiff company, and that defendant immediately
on discovery of fraud repudiated the shares, and counter-claim for money
already paid for shares, 519