in county court, 692.

COUNTER-PART,

correction of lease by (Burchell v. Clark), 96.

COUNTRY, CUSTOM OF. See CUSTOM OF COUNTRY.

implied incorporation of, in contract (Wigglesworth v. Dallison), 332.
COUNTY COURT,

when second action for same cause is barred by, 654.

jurisdiction of, in action for recovery of land held over by tenant, 328.
for specific performance, 700.

COUPONS, BOOK OF,

whole, constitutes contract with railway passenger, 426.

COURSE OF DEALING,

contract may be implied from, 40.

in deferring payment of rent on farm, 318.

COURTESY, VOLUNTARY,

not consideration (Lamplegh v. Brathwaite), 29.

COVENANT,

discharge of by act of God, 611.

by act of the law (Bailey v. De Crespigny), 611.

express, restraints implied, 43.

infant, when bound by, 155.

limitation of actions of (20 years), 673.

release of, 646.

running with the land, assignee may sue on (Spencer's case), 37.

"COVER,"

recovery of, from stockbroker (Strachan v. Univ. Stk. Co.), 589.
COVERTURE. See MARRIED WOMAN.

effect of, and pleading of, 193.

CREDIT,

agent's authority to give, 229.

representation of third person's when party making responsible for, 579.
must be by signed writing, 579.

CREDITOR,

composition with preferential, void, 568.

promise by to accept less than debt, void (Foakes v. Beer), 639.
exception for payment by cheque, &c. (Bidder v. Bridges), 639.

absurdity of both rules and exception (Couldery v. Bartrum), 639.
rights of under Bankruptcy Act, 164.

CRIME,

conduct of proceedings for (Lound v. Grimwade), 568.

contracts void to secure benefit from, 565.

contracts not to prosecute void, 565.

CROPS,

and indictable, 565.

customs as to, controlled or excluded by express contract, 107, 332.
sale of, when within Statute of Frauds, 298.

stamp on contract for sale of, when not necessary, 138.

CUSTOMERS,

agreement to recommend, good, 581.

solicitation of old, by seller of business, restrainable, 560.
of master's by servant not restrainable, 560.

CUSTOM OF COUNTRY,

as to away-going crops, &c., when applicable, 107, 332.
effect of, where lease silent, 107.

overridden by express terms of lease, 107.

parol evidence of, when admissible in construing written contract, 114.

as to liability of innkeeper for loss of property of his guests, 376.
modification of, by Innkeepers Act, 1863...378.

CUSTOM OF TRADE,

cases in which agent is personally liable by, 246.

contract implied from, 40.

effect of, on liability of principal for acts of agent, 232.

parol evidence of, admissible to explain written contract, 110.

to annex incidents to written contract, 114.

Stock Exchange customs, 537.

when warranty may be implied from, by Sale of Goods Act, 345.

D.

DAMAGES (Ch. XXV., 706).

consequential, communication of special circumstances (Hadley v. Bazen-
dale), 713.

loss of market, &c., 713.

irrecoverable in bankruptcy, 695.

excessive or too small, remedy in case of, 719.

for breach of agreement to purchase real property, 300.

to sell real property, 304.

of contract, when defendant may be regarded as wrongdoer, 718.
to repair, injury to reversion, 320.

for breach of promise of marriage, 477.

aggravated by seduction, 477.

new trial not granted for excess of, 477.
recovery of high, instances of, 477 (x).

for not accepting goods, 358.

for not delivering goods, 358.

future, when recoverable, 715.

in action for a fixed sum, 711.

interest, when recoverable as, 359.

liquidated, distinction between penalty and, 706, 709.
loss of market, &c., 713.

loan, for refusing, 718.

miscalculation of, effect of, 719.

nominal, when jury must give, 711.

profit, loss of, 715.

recoverable in Scotland (Dunlop v. Higgins), 715.
but not in England (Williams v. Reynolds), 715.
is the English rule right? 716.

reduction of, by Court, 719.

specific performance, decree for, may be combined with, 700.
unliquidated, when provable in bankruptcy, 695.

DATE,

exclusion of day of, 88, 604.

not essential in a deed, 3.

of notice to quit, 326.

of bill of exchange, 433.

of performance of contract, when action may be brought before, 474, 613.

DATE-continued.

of written contract, parol evidence to show, 105, 112.
statement of, to satisfy Stat. of Frauds, 80.

DAYS,

running days mean consecutive days, 603.

where party allowed so many, for doing an act, how they are reckoned, 603.

DEALING,

course of, contract may be implied from, 40.

as to deferred payment of rent of farm, 318.

DEATH,

accident, by, remedy by executor against carrier, 420.

assured, death of, before sale of life policy, 729.

of husband, effect of, on wife's authority to bind his estate, 204.
of wife, effect of, on husband, 313.

of party to contract, in general, 284.

end of contract of service (Farrow v. Wilson), 504.
devolution of contract on executors, 284.

of proposer, extinction of proposal by (Dickinson v. Dodds), 14.

DEBENTURE,

sale of, when sale of interest in land, 297.

DEBT,

acknowledgment of, does not require a stamp, 127.
assignment of, a good consideration for a promise, 26.

mode of assignment of, 722.

barred by Statute of Limitations, promise to pay, is binding, 29.

executor, payment by (Midgley v. Midgley), 284.

contingent account cannot be stated as to, 71.

guarantee of, another's writing required for, 77.

payment of part by agreement for whole, bad (Foakes v. Beer), 639.
what is provable under a bankruptcy, 166, 695.

accord and satisfaction cannot be pleaded to, before breach, 640.

appointment of agent, when to be by, 223.

authority to agent to execute, how conferred, 223.

consideration for, 4.

illegal, 5.

immoral, 5.

not required, 4.

except if in restraint of trade (Mitchell v. Reynolds), 558.
may be impeached by third parties, 5.

contract by, distinction of from simple contract, 3—6.

delivery of, 3.

as escrow, 3.

DEFENCES TO ACTIONS ON CONTRACTS, Ch. XXIII., p. 623.

accord and satisfaction, 637.

arbitrament and award, 658.

bankruptcy, 694.

bill of exchange taken, 641.

equitable defences, 697.

infancy, Ch. VII., s. 4, p. 144.

judgment recovered, 653.

payment, 623.

performance, excused or waived, 608 et seq.
release, 646.

set-off, and counter-claim, 690.

Statute of Limitations, 667.

tender, 659.

DELAY,

in performance of contract generally, 602.

in delivery of goods when carrier not responsible for, 388.
special contract with railway company, 407, 411.

in presentation of cheque, effect of, 443.

loss of right to specific performance by, 702.

DEL CREDERE AGENT,

responsible for solvency of a purchaser, 222.

DELETED WORDS,

in contract, cannot be looked at, 113 (g).

DELIVERY,

of bill of exchange, essential, 434.

of deed, as an escrow, 3.

necessity of delivery, to third party, 3.

of writ of execution, binds goods from time of delivery, 350.

DELIVERY OF GOODS,

meaning of term in Sale of Goods Act, 338.

of "deliverable state," 339.

by carrier, what sufficient, 391.

to carrier, effect of, 352.

damages against carrier for non-delivery, 394.

passenger's luggage by railway co., 412.

under Sale of Goods Act, effect of, 351.

distant place, risk where delivery at, 353.

instalment deliveries, 352.

payment and delivery, concurrent conditions, 351.
place and time of delivery, 351.

quantity, wrong effect of, 351.

to carrier, delivery to buyer, 352.

DEMAND,

covenant to pay money upon, how construed, 90.

necessary before recovering money paid by mistake, 62.

of performance, when necessary, 607.

DEMISE. See LEASE.

contract for future, 307.

operation of, in covenant for quiet enjoyment, 43, 312.

DENOTING STAMP,

document bearing, cannot be objected to as being improperly stamped, 134.

recovery of on objection out of time (Want v. Stallibrass), 303.

when auctioneer liable for, 305.

DEPOSIT- continued.

liability of stakeholder in action for, 57, 591.

of "cover" with stockbroker for gambling, 589.

of goods with innkeeper expressly for safe custody, 379.

limitation of liability by Innkeepers Act, 1863...378.

of money with banker, in the ordinary way, is money lent, 516.

right to recover, barred by Stat. of Limitations (Pott v. Clegg), 516.
of plate, &c., with banker (Giblin v. McMullen) 517, 518.

DESTRUCTION. And see Loss.

of goods before sale, unknown to seller, 341.

after agreement for sale, 341.

of premises, does not discharge lessee from repair (Bullock v. Dommitt), 320.
of subject-matter of contract, effect of (Taylor v. Caldwell), 609.

DETINUE,

limitation of time for action in (Wilkinson v. Verity), 518.

DEVOLUTION OF CONTRACT,

on personal representatives, 284.

saving for personal contracts, 284.

on trustees in bankruptcy, 167.

"DIFFERENCES,"

dismissal of clerk for speculating in (Pearce v. Foster), 506.
Stock exchange, contract to pay, 541.

between principals, bad, 542.

between principal and broker good, 542.

DIFFICULTY OF PERFORMANCE OF CONSIDERATION. And see
PERFORMANCE.

distinction between impossibility and, 32.

does not avoid contract, 32.

DIRECTLY,

meaning of this word in contracts, 89.

DIRECTORS OF COMPANY,

disqualified by interest in contract, 264.

under Companies Clauses Act, 267.

liabilities of, on prospectus, 264.

must disclose all contracts, 264.

prospectus not disclosing, "fraudulent" under Act of 1867...263.
"waiver clauses" (Greenwood v. Leather, &c. Co.), 263.

void under Act of 1900...263.

ratification of ultra vires act of, 268.

when company liable for contracts ultra vires made by,

DISCHARGE. See RELEASE.

of bankrupt, release from contract by, 166.

of covenant by act of God (Taylor v. Caldwell), 611.

268.

of the law (Baily v. De Crespigny). 611.

of contract under seal by writing not under seal (Steeds v. Steeds), 5.