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3 See sec. 23 supra.

A trespass

See sec. 23 supra. continues until the trespasser's possession comes to an end, 6 Mad. 178.

5 eiusdem generis, such as a patent. The article should be extended expressly to suits for an account of the profits obtained by the infringement; see 3 Cal. 17.

6 of property whether immoveable or moveable (6 Moo. I. A. 433). See the Specific Relief Act, sec. 54, ills. (m) and (n).

7 See as to the previous law, 5 Ben. Appx. 4.

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52. For the price of goods sold and Ditto delivered, where no fixed period

of credit is agreed upon.

53. For the price of goods sold and Ditto delivered to be paid for after

the expiry of a fixed period of credit.

54. For the price of goods sold and Ditto delivered to be paid for by a

bill of exchange, no such bill being given.

55. For the price of trees or grow- Ditto ing crops sold by the plaintiff

to the defendant where no
fixed period of credit is agreed
upon.

56. For the price of work done by Ditto
the plaintiff for the defendant
at his request, where no time
has been fixed for payment.

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which at the time of his ancestor's death were deposited with a banker, and which the other heir had received, 3 All. 170; to a claim by one sharer against another of an allowance attached to an hereditary office, 8 Bom. 426; to a suit by one co-sharer in a deshpande vatan against another who is bound to recover arrears, 9 Bom.111; to a suit by an inámdár for arrears of the money-value of a fixed quantity of grain to be paid yearly to him by his tenant, 8 Bom. 234; to a suit by one joint bondholder against the other for a share of the money realized under a decree in respect of the bond, 6 All. 442; to a suit by the holder of a money-decree which had been sold in execution of a decree against him, against the auctionpurchaser (the sale having been set aside) for the money he had recovered under the decree sold, 2 All. 354, and

1

Time from which period begins to run.

When the interest becomes due.

When the accounts are stated in writing signed by the defendant or his agent duly authorised in this behalf, unless where the debt is, by a simultaneous agreement in writing signed as aforesaid, made payable at a fature time, and then when that time arrives1. When the time specified arrives or the contingency happens.

The day so specified.

The date of executing the bond.

When the condition is broken.

When the bill or note falls due 1o.

see 10 Bom. 665: 1 All. 333: 10 Cal. 860. 3 All. 328. When the suit for the principal is barred, see 1 Mad. 228, and 5 Cal. 765.

2 See vol. I. p. 532, and 6 Cal. 451. See also 7 Bom. 414 and 3 All. 148.

A simultaneous verbal agreement cannot extend the period, 8 Bom. 542; and the statement must amount to a promise, 6 Bom. 684.

The article does not contemplate a case in which the accounts are stated orally, 2 All. 874: 10 Cal. 284. Garth C.J., however, held (7 Cal. 262) that it applies to such cases.

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under a decree for the recovery of a
sum by instalments, the decree pro-
viding that if default is made in pay-
ing any instalment the whole sum
shall become due, viz., whether the
decree-holder did, at the time default
was made, waive his right to the whole
sum decreed to him, or whether he did
not? 14 Cal. 354, per Petheram C.J.

8 Subsequent acceptance of an in-
stalment in arrear operates as а
waiver (see, however, 2 All. 863, per
Straight J.); but not merely allowing
the default to pass unnoticed, 5 Cal.
97; nor mere abstinence from suing, 7
Mad. 577 and 584, or from enforcing
a condition, 14 Cal. 397. The Court
cannot compel the obligee to waive, 4
Bom. 99, following Sterne v. Beck, 32
L. J. Chan, 682.

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