SIGNATURE-(continued).

signing in form as a witness, 128.

agreement ending "as witness our hands," but not signed,
129, 395.

identification not equivalent to signature, 130.

SPECIFIC PERFORMANCE.

antiquity of the equity jurisdiction in, 330.
applicable originally only to sale of land, 331.
extension of, to various kinds of personalty, 331.

not enforced if title be doubtful, 333, 388.

doubtful point of law will not be decided in amicable suit for, ib.
discretionary, 334.

of an agreement uncertain or ambiguous, not enforced, 335.
questions to be tried in a suit for, 335.

parties to the suit, 336, 396.

allegations of the bill, 336.

prayer of bill, ib.

damages never given in suit for, ib

not necessary to allege that contract was signed, 337.
Statute of Frauds, if relied on, must be pleaded, ib.

parol evidence admissible to rebut right to, 338.

shew waiver of contract, ib.

will not be enforced where advantage has been taken of

vendor, 339.

nor where there has been misrepresentation, 340.

party buying subject to an agreement must perform it, ib.

SPECIFIC PERFORMANCE-(continued).

delay in naming lives on sale of an annuity, 341.

of nugatory agreements not enforced, 342.

of agreement for lease, though term has expired, ib.

of agreement will be enforced, notwithstanding misdescription,
when, ib.

of right of pre-emption, 343.

of right to re-purchase, ib.

of sale of undivided moiety of coal-mine, ib.

nuisance unknown to vendee at time of sale, ib.

second contract, first not having been rescinded, 344.

effect of covenants not to use land in a particular manner, ib.
fictitious pretexts for delay, 345.

of contracts founded on breach of trust, ib.

of contracts ultra vires, ib.

general rule as to, 346.

of contract against a Railway Company after line has beeen aban-
doned, 85, n. (h).

refused on ground of hardship, whon, 347.

of agreement for sale of lease, notwithstanding onerous cove-
nants, 348.

contracts entered into under mistake, ib.

as to term on sale of leaseholds, 349.

as to subject-matter of sale, ib.

as to survivorship, 350.

not generally granted, unless remedy be mutual, 350.

as in case of suits by an infant, 351.

will not in general be enforced, where vendor is possessed only of
an undivided part of the subject of sale, ib.

purchaser of several lots discharged as to the whole, where title
can only be made to some, 353.

decree at the hearing, 355.

reference of the title, 356.

title referred before the hearing, when, ib.

reference obtained by claim, ib.

decree on further directions, 358, 387.

conveyance, 358, 384.

costs, 358.

purchaser in a suit for, ordered to pay in purchase-money, when,

357.

or have option to quit possession, ib.

to pay interest or occupation rent, ib.

ne exeat regno against purchaser granted, when, ib.
purchaser's possession may be proved, how, ib.
See ENTIRETY, PLANS, ULTRA VIRES.

SPIRITUOUS LIQUORS.

sale of, 43.

payment for, on sale of, cannot be enforced, when, 43.

STAMP.

signature by, 125.

STATUTE OF FRAUDS.

typographical error in the 4th section, 111, n. (b).

general scheme of, ib.

in the old cases, a mere license held to be within the 1st sect., ib.
a lease good within 2nd section, when, 113, n. (b).

agreement to hire lodgings, ib.

confusion of the authorities as to, ib.

a valid parol agreement may be qualified by special stipula-
tions, ib.

whether lease under seal should be signed, ib.

action does not lie on contract, unless in writing, for sale of
land, 113.-See PART PERFORMANCE.

or of any interest therein, ib.

“interest" in land, meaning of, within, 114.

shares, ib.

growing crops, ib.

'way-going crops, 118.

per-centage on landlord's expenditure on new buildings, ib.
effect of contract comprising both real and personal estate, 119.
sale of fixtures, ib.

of parol tenancy, 129.

effect of part performance of verbal contract, 120, 390.

whether contract void for want of writing may operate as a
license, 120.

note or memorandum under 4th section, 120.

what is a sufficient, ib.

particulars to be contained in, ib.

may be constituted by several papers, 12
by letters, ib.

what necessary to constitute a contract by letter, ib

qualified acceptance by letter, 122.

special proposal must be specially accepted, ib.

party making an offer may withdraw, when, ib.

letters may amount to an agreement, though not so intended, 123.
the writer of the letter is bound from time of its being posted, ib.
auctioneer's receipt may amount to an agreement, 124.

signature, what is sufficient, ib.

requirements of, as to agreements under 4th and 17th sections,
distinguished, 153, 395.

FF

STATUTE OF FRAUDS-(continued).

essentials of the memorandum under the 4th sect., 136.

fixtures, ib.

shares, ib.

scrip, 142.

"acceptance and receipt," what is a sufficient, ib. See ACCEPT-

ANCE AND RECEIPT.

note or memorandum on sale of goods, what is a sufficient, 152.
how differing from note on sale of realty, 153.

contracts by bought and sold notes, ib.

essentials of the note, as to the parties, 158.

goods sold, ib.

price, 159.

manner of proceeding on purchase of, ib.

STOCK JOBBING ACT.

on sale of, 100.

contracts for sale of railway shares, not within, 97, n. (s).
where neither party means to buy or sell, gambling, ib.

STOPPAGE IN TRANSITU.

circumstances which led to, 211.

first introduction of, 213, n.

earlier history of, 213.

does not apply to goods bargained and sold, 214.
is put an end to by constructive delivery, 215.

or possession tortiously obtained by vendee, ib.
but not by delivery tortiously prevented, 215, n.
constructive delivery, what amounts to, 215, 216.
cases on, 217 et seq.

delivery on board ship, 396.

deposit of the goods in carrier's warehouse, 220.
taking samples, gauging, coopering, &c., 223.

INDEX.

STOPPAGE IN TRANSITU-(continned).
marking or touching the goods, 223.

435

equivocal acts of ownership in anticipation of bankruptcy,
224.

receipt of warehouse rent by vendor, 228.

resale by the vendee, 230.

right of, not affected by carrier's lien, 231.
nor by part payment, ib.

nor by dishonoured acceptance, ib.

what acts operate as, ib.

effect of part delivery, ib.

may be defeated by negotiating bill of lading, 232.

who may exercise the right of, 233.

vendors, 234.

the owner of an interest in a contract for the delivery of
goods, 235.

a mere surety cannot, 234.

ratification of unauthorised stoppage, 236.

to whom notice of, must be given, ib.

rights of a sub-vendee, as to, 237.

whether the exercise of the right of, rescinds the contract, ib.
See DELIVERY, GOODS SOLD AND DELIVERED.

effect of prohibitory penalties, 45.

statutory regulations as to the sale, 47

SUBSTITUTION.

of another party as purchaser, on sale under decree, 79.