RIGHTS, DECLARATIONS OF, new rule as to declaratory judgments, 486 decisions upon the old rule, 486 when Court would refuse to make a declaratory decree, 486 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 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 statement of claim for a declaration to charge an estate with repayment of 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 essential difference in the evidence of the contract where the goods are 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, when acceptance of part is sufficient, so as to remove necessity for signed when acceptance of sample sufficient, 492 there may be an acceptance, though buyer has still power to object to the so, though purchaser has not had an opportunity of examining all the so, though it remain open to purchaser to dispute terms of contract as constructive acceptance by acquiescence, 492, 493 there can be no acceptance and receipt while vendor's lien remain, 423 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, 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 SALE OF GOODS-continued. measure of damages where vendor has failed to deliver, 494, 495 what is sufficient tender, 495 where larger quantity than purchased is tendered, purchaser may decline so, where less quantity tendered, 495 purchaser cannot refuse a good tender of goods made within the proper partial breach of contract to deliver does not generally justify a refusal purchaser not entitled to tender or delivery where nothing said in contract vendor not bound to tender where purchaser intimates that he will not 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 where purchaser has opportunity of inspecting goods before sale, aliter, if no such opportunity, 496 where vendor passively acquiesces in deception of purchaser, 497 as to passing of property, 497 title by purchase in market overt, is good against the world, except FORMS :- where goods bona fide bought from thief revert to original owner statement of claim in action by buyer against seller of goods for delivering statement of claim in action by buyer against seller of goods for not deliver- statement of claim in action by creditor against principal debtor and his statement of claim in action against a surety for price of goods, 302 statement of claim in action against purchaser for not accepting delivery of statement of defence to preceding claim, alleging that goods delivered statement of claim in action for not accepting goods, and for demurrage, &c., statement of claim in action for damages for delivering goods not merchant- statement of defence to preceding claim, alleging inspection of goods by statement of claim in action for refusing to accept goods, and not submit- SALE OF GOODS-continued. FORMS :- statement of claim in action for balance of account for goods sold, and statement of defence to preceding claim, alleging fraudulent misrepresenta- statement of claim in action for goods sold, 503 statement of defence to preceding claim, alleging that goods were sold sub- statement of defence (where writ has been specially indorsed) to action for 505 statement of defence to action (where writ specially indorsed), alleging that statement of claim in action for not delivering goods sold, 505 SALE OF LAND, contracts relating to land must be evidenced by writing, 506 what necessary to show in action by vendor to recover purchase money, 506 what damages or expenses cannot be recovered in such action, 507 premature or merely speculative expenses cannot be recovered, 507 FORMS :- statement of claim in action by purchaser for deficiency in acreage, 506 statement of claim in action by vendor of land and house against purchaser statement of claim in action against purchaser for non-completion, claiming statement of defence to preceding claim, alleging that plaintiff would not statement of claim in action for damages for breach of contract to deduce a statement of defence to preceding claim, alleging waiver by plaintiff of SALE OF LAND-continued. FORMS :- statement of defence to preceding claim, alleging that amount claimed is a statement of claim in action for recovery of deposit paid to auctioneer on not to be introduced in pleadings. See PLEADINGS (Statement of CLAIM). claim against for excessive chastisement of pupil. See ASSAULT AND 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 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 denial that plaintiff was master of woman at time 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 quare whether latter plea is not rather matter in reduction of damages, FORMS- statement of claim in action by a father for seduction of his daughter, 514 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- defences to actions for calls, 516, 517 statement that "no further calls are contemplated," 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 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 consequently Statute of Limitations does not apply till after twenty 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 contract for sale of shares not rescinded if company is wound up between time is of essence of contract to deliver shares on a particular day, 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 mandamus will lie against a chartered company to compel it to place provisions of the rules of 1883 as to mandamus, 523 FORMS- statement of claim in action against a shareholder for allotment-money and statement of defence to preceding claim, alleging that defendant had no statement of claim in action for calls merely, 518 statement of defence to preceding claim, alleging fraudulent and material |