CONSIDERATION-continued. imferfect voluntary appointments and declarations of trust, 331. consideration of promise immaterial in assessing damages for breach, 566. CONSTRUCTION. of written contract belongs to the Court, 123. of words and phrases used in contracts. See Words. of obvious mistake in contract, 173. as to admissibility of usage to explain contract, 111, 116, 123. of conditions precedent, 341. of dependent and independent promises, 344. of stipulations for liquidated damages and penalties, 578. of release, 500. restriction of general release by recital, 500. as to joint and several parties, 217. of powers of attorney and written authorities, 270. general authority restricted to particular purpose, 270. as to whether principal or agent is the contracting party, 289. simple contract in writing, 290. with members of partnership, 292. CONTINGENCY. simple contracts arising from agreement, 7. implied in law, 38. contracts under seal, 76. contracts of record, 88. contracts in writing, 97. See Writing. contracts within the Statute of Frauds, 124. See Frauds, Statute of. right to, between co-debtors, 43. between co-sureties, 43. against representative of deceased co-debtor, 44. between joint wrongdoers, 44. CONVEYANCER. CORPORATION-continued. contracts arising upon executed considerations, 256. effect of corporation suing upon contract with executory considera- contracts of corporations in equity, 257. part performance of contract not under common seal, 257. powers of corporations to contract, 257. contracts ultra vires, 258. agents appointed to act for corporation, 260. powers of directors, 260. form of contracts by directors, 261. how far persons dealing with directors are affected by notice of powers, 261. ratification of unauthorized or informal contracts, 263. contracts with promoters of company, 264. assignee of land with notice of covenant, 616. covenants between lessor and lessee, 617. run with term at common law, 617. annexed to reversion by statute, 617. distinction between privity of estate and privity of contract, 618. what covenants may be annexed to land, 618. covenants for title, 619. to what estates covenants may be annexed, 622. equitable estates, 623. reversion by estoppel, 623. covenant cannot be annexed to goods, 624. underlessee, 625. remainderman on lease under power, 626. mortgagee, 627. assignee of part of reversion, 627. assignee of part of term, 628. assignee not liable after assignment by him, 629. liability of lessce after assignment, 629. right of lessor after assignment, 629. assignment of, upon death. See Death. CREDIT. to action by married woman, 241, 631. usage of trade as to, when admissible, 113. CROPS. when an interest in land or goods within Statute of Frauds, 133. lease subject to custom of the country, 115. as to away-going crops and allowances to outgoing tenant, 115. DAMAGES. damages for breach of contract, 561. general, 565. nominal, 567. special, 569. must be charged with particularity, 565. rule in Hadley v. Baxendale, 569. damages for disappointment and injury to feelings, 566. damages for prospective loss, 567. consideration of promise immaterial in assessing damages for breach, 566. liquidated damages and penalties, 573. in money bonds, 575. in bonds with special conditions, and contracts with penalty, 575. specific performance of contract with penalty, 577. construction of contracts as to liquidated damages and penalty, 578. contract for matter of uncertain value, 581. interest at common law, 584. under the statute, 587. See Interest. on contracts for sale of goods, 589. for not accepting the goods, 589. for non-delivery of specific chattel, 592. for breach of warranty of specific goods, 593. of description of goods, 594. on contracts for sale of land, 595. on covenants for title, 596. costs of action when recoverable as damages, 597. when not recoverable as damages, 599. claim for unliquidated damages on contract, proveable in bankruptcy, 562. waiving claim for damages, and claiming on implied contract, 29, 48, DAYS OF GRACE. on bills of exchange, 116. foreign usances as to, 116. DEATH. assignment of contracts upon, 636. right of executor on contracts of deceased, 636. executors jointly entitled, 636. non-joinder of, may be pleaded in abatement, 639. liability of executor on contracts of deceased, 637. non-joinder of executor who has proved may be pleaded in abate- ment, 637. liability of heir and devisee on contracts binding the heir, 637. plea of riens per descent and issue thereon, 638. pass with the land to heir or devisee of deceased, 639. DEATH-continued. or to executor, if estate is a chattel interest, 639. rights of action on such covenants also run with the land, 639. except in respect of damage to the personal estate, for which exe- cutor may sue, 639. covenants in leases running with land, 640. contracts concerning the realty, not running with the land, pass to contracts for sale of land, pass to executor in law, 640. effect of, in equity, 641. bills of exchange and promissory notes, 641. pass to executor, 641. executor entitled to indorse, 641. joint contracts, 642. right and liability pass to survivors, 215, 216, 642. contracts discharged by death of party, 642. DEED. contract of marriage, 642. for personal services and skill, 642. of agency, 288, 643. completion of contract by executor, 643. right of action for breach of contract in respect of personal damage, meaning of terms "from the date," "from the making of,” 445. of goods under contract of sale, 156, 437. and receipt of goods within Statute of Frauds, 156. See Frauds, Statute of. constructive delivery, 156. effect of delivery order, 159. DEMAND. promise conditional upon demand, 337. when demand necessary, 337. promissory note payable on demand, 337, 454. bond conditioned for payment on demand, 338. surety not entitled to demand, 338. when necessary to determine credit, 454. DEMISE. See Lease. powers of, 260. contracts by, 261. how far parties dealing with, are affected with notice of powers, 261. of contracts, 413 DISCLAIMER. money paid to redeem goods distrained for another's rent, 44. money obtained by wrongful distress, 56. promise in consideration of withdrawal of, 330. promise to pay rent of another upon withdrawal of, not within Statute of DIVORCE. effect of, upon contracts and capacity of wife, 237, 635. contracts relating to proceedings in Divorce Court, 399. DOUBTFUL RIGHTS. as matter for the consideration of a promise, 329. forbearance and release of, when a sufficient consideration, 330. DURESS. as ground for avoiding agreement, 205. duress to the person, 206. by violence, 206. by imprisonment, 206. by threats, 206. duress of goods, 206. not ground for avoiding agreement, 207. money obtained by, may be recovered, 52, 207. contract made to relieve third party from duress, 208. contract made by agent to remove duress from principal, 208. must be specially pleaded, 209. relief in equity against duress and oppression, 209. contract concerning, when within Statute of Frauds, 133, 138. ENEMY. trading with, illegal, 395. insurance on ships or goods of, 395. contract by agent on behalf of, 396. contract with British subject residing in enemy's country, 396. |