SECT. 2.-Obligation of the Vendee to see to the Application of the Purchase-money.

TRUSTEE, unless expressly authorised, cannot give a discharge for purchase-money, 313; except there be a general charge of debts, ib.; and except under certain special circumstances, 314; discharge of purchaser, on sale of leaseholds, by executors, ib.; power of executor as to sale of lands charged with payment of debts, 315; one executor can give a good discharge, ib.—one trustee cannot, ib.; exercise of power of sale by executors, donees of the power, ib.

SECT. 3.Vendor's Lien for unpaid Purchase-money.

VENDOR'S LIEN, nature of, 315; no lien at law, 316; lien prevails though sale be for an annuity, ib.; not affected by taking a note or bond ib.; nor necessarily by taking a security, 317; effect of taking a secu

rity, ib.; lien may be barred by lapse of time, ib.-extends to third per

sons, with notice, 318-may be marshalled for benefit of creditors, ib.of certain legatees, ib.--but not of charity, ib.; specific legatees and devisees contribute rateably towards its satisfaction, ib.

SECT. 4. Of the Payment of Interest on the Purchase-money. PAYMENT OF INTEREST, general rule as to, 318; modification of, by Sir J. Leach, 319; Esdaile v. Stephenson, and the cases depending on it, ib.; delay occasioned by vendor, no interest payable till good title shewn, De Visme v. De Visme, 320; delay arising from litigation after title has been accepted, 321; rents and profits reserved to vendor till completion, ib.; purchaser in possession, ib.; timber, ib.; reversionary interests, 322; no interest payable on deposit, ib.

CHAPTER VII.

OF THE REMEDIES FOR ENFORCING THE CONTRACT.

SECT 1.-Of the Remedies at Law for Breach of Contract.

REMEDIES OF VENDOR AT LAW, 323; on breach of contract for sale of land, ib.; doubtful title, ib.; executory contract for sale of goods, 324;

allegation of "readiness," ib.; goods delivered "on sale or return," ib.; what is such a contract as vendor can sue on, 325; sale to take place "directly," ib.; meaning of "say not less than," ib.; payment of the purchase-money and conveyance, when independent acts, ib.; measure of damages on breach of contract by vendee, 98, 326; remedies of purchaser for breach of contract, 326; purchaser of land can recover no damages for the loss of his bargain, 327; remedies of, on breach of warranty, ib.-on failure of vendor to send specific quantity of goods ordered and paid for, 328; liquidated damages, 329; when to be considered a penalty, ib., 330.

SECT 2.-Remedies in Equity for enforcing Contract.

ANTIQUITY of the jurisdiction, 330; originally applied only to contracts for sale of land, 331; extension of the jurisdiction to various denominations of personal property, ib.; contract not enforced, if title doubtful, 333, sed qu. now, 389; Court will not decide a doubtful point of title in an amicable suit, 333, sed qu. now, 388; the jurisdiction discretionary, 334; agreement uncertain or ambiguous, 335: equitable objections, ib.; questions in a suit for specific performance, 335; parties to, 336; allegations of the bill, ib.; prayer of, ib.; qualification of the rule as to parties, ib.; equity does not give relief in nature of damages, ib.; not necessary to allege that the contract was signed, 337; if defendant rely on Statute of Frauds, he must plead it, ib.; parol evidence admissible, for what purposes, 338; contract will not be enforced where advantage has been taken of vendor's situation, 339; misrepresentation, 340; a party, buying subject to an agreement, must perform it, ib.; agreement for sale of an annuity for lives, none being named, 341; nugatory agreement, 342; misdescription, ib.; sale of an undivided moiety, 343; right of preemption, ib.; right of re-purchase, ib.; agreement between two parties that one of them shall not bid, ib.; nuisance unknown to vendee at time of contract, ib.; second contract, the first not having been rescinded, 344; effect of covenant by vendee not to use the land in a particular manner, ib.; resale, with notice of such covenant, ib.; vendee delaying completion under fictitious pretexts, 345; contract founded on breach of trust, ib.; contracts ultra vires, ib.; general rule of the Court as to enforcing contracts ultra vires, 346; hard bargain, 347; purchase of leaseholds subject to onerous covenants, 348; contract entered into under mistake or surprise, 348—as to the duration of the term on a sale of leaseholds, ib.—as to the subject of sale, resulting from an alteration of the published particulars, 349-as to survivorship, 350; rule of equity as to mutuality of remedy, ib.; vendor entitled only to a moiety or some undivided part of the subject of sale, 351-purchaser's right to have what vendor can convey, 352; circumstances under which purchaser of

several lots, as to some of which title cannot be made, will be discharged as to the others, 353-purchaser must make out a special case, 354; same rule prevails at law as in equity, 355.

DECREE AT THE HEARING, 355; reference of title, 356, 357; claim, ib.

PAYMENT OF PURCHASE-MONEY into Court, ib.; payment of interest or occupation-rent, 357; receiver, ib.; ne exeat regno, ib.

Practice as to conduct of inquiry as to title before the Master, 357; report in favour of, 358; confirmation of, ib.; exceptions, ib.; report sent back, ib.; dismissal of bill, ib.; conveyance, ib.; costs, ib.

CHAPTER VIII.

OF THE RECISION OF THE CONTRACT.

PRELIMINARY REMARKS, 361.

SECT. 1.-Recision of Contract on Ground of Mistake.

LEASE Set aside, as being the effect of surprise on both parties, 363; sale set aside, one party thinking he had bought what the other thought he had not sold, 364; sale of a remainder, both parties under mistake, thinking it had not been barred, 365; a party purchasing his own estate, ib.

SECT. 2.-Recision of the Contract on the Ground of Fraud.

FRAUD defined, 366; contract founded in, void, ib.; false representation of the amount of rent, Ekins v. Tresham, 367; qualification of the principle established by this case, 369; if vendee inquire for himself, it is immaterial that the vendor's representation was false, ib.; source of Lord Lyndhurst's error in Small v. Attwood, ib.; goods obtained on false pretences, 371; sale of chattels "with all faults," ib.; grounds on which contracts for sale of land may be set aside, ib.; conveyance set aside by reason of misrepresentation as to the title to part of the land, 373; refusal to set aside the conveyance, though there was misrepresentation, the vendees not having relied upon it, 374,the misrepresentation not being brought home to the knowledge of th vendor, 377.

APPENDIX.

NOTE I.-Sale by the Court.

SALE BY THE COURT under the 15 & 16 Vict. c. 86, 383; form of order for sale, 384; advertisements, ib.

Conveyance from incumbrancers and parties under disability, ib.

NOTE II.-Reference of Title.

Reference of title under the stat. 15 & 16 Vict. c. 80, and the General Order of 16th October, 1852, 385; mode of proceeding on the title, 387; effect of the proceeding before the Judge as distinguished from that before the Master, ib.; Judge's certificate on the title, ib.; application to pay in purchase-money must be made at Chambers, ib.; proceedings on a reference to the conveyancing counsel, 388; and see SUPP. ADD. p. xcvi.

NOTE III.-Doubtful Titles.

Doubtful titles, 388; circumstances in which practice as to, originated, ib.; effect of abolishing the practice of sending cases to law, ib.; title doubtful in law, 389; meaning of title being doubtful upon matter of fact, ib.; effect of new powers of the Court to take evidence vivâ voce, ib., n. (b).

NOTE IV.-Part Performance.

Unwritten contract will be enforced, if there be part performance, 390; part payment of purchase-money not part performance, ib.;

grounds on which part performance excludes the Statute of Frauds, ib.; effect of the delivery of possession as an act of, 391; effect of possession by a stranger, ib.; effect of possession as between landlord and tenant, ib.—of payment of additional rent, 392—repairs, &c., ib.; reference to ascertain terms of the agreement, ib.; lapse of time, effect of, ib.

ADDENDA ET CORRIGENDA, 393–396.

SUPPLEMENTARY ADDENDA, xciv.

TABLE OF CASES, lxxvii.

INDEX, 397.