ENEMY-continued.

contract with prisoner of war, 396.
ransom bill illegal, 396.

enemy cannot sue during war, 397.

plea that plaintiff an enemy, 297.

when in bar and when in abatement, 397.

effect of declaration of war on contract, 397, 412.

EQUITABLE RIGHTS.

as matter for the consideration of a contract, 326.

equity of redemption an interest in land within Statute of Frauds, 132.
equitable mortgage not within the Statute of Frauds, 132.

contract in writing cannot be varied by extrinsic evidence, 103.

for what purposes extrinsic evidence admissible, 106. See Writing.
secondary evidence of lost instrument, when admissible, 433.

party producing instrument bound to explain an alteration, 433.
evidence of agency of party to contract when admissible, 297, 302.
not admissible to discharge party, 294.

admissible to charge unnamed principal, 297.
except upon bills and notes, 298.

and contracts under seal, 298.

admissible to entitle unnamed principal, 302.

all must join in suing, and be sued jointly, subject to plea in abatement,
636, 637.

when entitled to sue on covenants running with land, 639.

entitled to sue upon bills and notes of which deceased was holder, 641.

to indorse bills and notes, 641.

not entitled or liable on contracts of deceased jointly with others, 612.
contracts of deceased completed by, 643.

contract that executor shall pay after death, 614.

payment to one of several, 486.

set-off of debts in actions by or against, 551.

promise to pay out of his own estate, is within Statute of Frauds, 125.

requires a valid consideration, 125.

promissory note by, 126.

liability for legacy, 73, 126.

EXECUTOR- continued.

account stated by, respecting legacy or distributive share, 73, 126.
EXECUTORY CONSIDERATION, 10, 313. See Consideration.

when performance of, is a condition precedent, 85, 344.

insurance against, 202. See Insurance.

is conditional upon true description of the property, 202.
conditions as to alterations, 202.

insured bound to disclose material facts, 202.

does not excuse covenant to repair, 363.

FIRM. See Partners.

FIXTURES,

nature of, before and after severance, 133.

right of removal of, 133.

contracts concerning, when within Statute of Frauds, 133, 138.

of pretended and supposed rights, not a valid consideration, 327.
forbearing to sue, where no cause of action, 327.

of disputed and doubtful rights, 329.

FOREIGN CONTRACT.

Statute of Frauds applies to, 162.

FOREIGN JUDGMENT.

debt created by, 73.

Irish, Scotch, and colonial judgments, 74.

grounds on which it may be questioned, 74.

when interest recoverable upon, 584.

against defendant, does not merge cause of action, 514.

against plaintiff, how far an estoppel, 514.

FOREIGN LAW.

impossibility caused by, does not excuse performance, 367, 412.

FOREIGN PRINCIPAL.

credit presumed to be given to British agent, 295.

FOREIGN STATUTES.

debts created by, 75.

passive, 183.

fraudulent intention, 187.

legal and moral fraud, 187.

belief as to the truth of matter represented, 187.

fraud inducing the contract, 189.

party relying on his own knowledge, 190.

fraud by a stranger to the contract, 191.
fraud by agent of one of the parties, 192.

avoidance of contract induced by fraud, 193.

parties remitted to original rights, 195.

rights acquired by third parties not affected by subsequent avoid-
ance, 196.

contracts with warranty of representations, 198.

contracts conditional upon truth of representations, 198.

contracts of insurance when vitiated by misrepresentations, 199.

of guarantee, 202.

relief in equity against fraud and imposition, 182, 204.

fraud as ground for pleading at law on equitable grounds, 205.
contract in fraud of third person, 402. See Illegal Contracts.
agreements in fraud of composition with creditors, 403.
position.

release in fraud of third person, 502. See Release.
release obtained by fraud, 503.

goods or work obtained by fraud, 29.

by fraudulent contract, 30.

money obtained by fraud, 48.

FRAUDS, STATUTE OF.

contracts within the statute, 124.

See Com-

promise by executor to answer damage out of his own estate, 125.
See Executor.

promise to answer for debt or default of another, 126. See Guarantee.
agreement upon consideration of marriage, 130. See Marriage.
contract or sale of any interest in land, 131. See Land.
agreement not to be performed within a year, 135.

sale of goods of value of £10, 137.

forms and conditions required by the statute, 140.
memorandum or note of contract in writing, 141.
what kind of writing sufficient, 141.

several writings connected together, 142.
time of making, 143.

contents of memorandum, 143.

must contain a complete contract, 143.

the names of the parties, 144.

the consideration and the promise, 144.

consideration of guarantee need not appear, 145.

agreement of both parties to same terms, 145.

memorandum denying liability, 146.

memorandum must agree with the contract made, 147.

FRAUDS, STATUTE OF-continued.

memorandum must be signed by the party charged, 148.
what signature sufficient, 148.

need not be signed by the other party, 150.

may be signed by agent of party, 150, 266.

who authorized to sign, broker, auctioneer, solicitor, 151.
one party cannot sign as agent for the other, 152.
subsequent ratification of signature, 152.
countermanding authority to sign, 152.

acceptance and receipt of goods under 17th s., 153.
imports delivery of possession, 153.
what constitutes acceptance, 154.
delivery and receipt of the goods, 156.
constructive delivery, 156.

where goods are in possession of buyer, 156.
where goods remain in possession of seller, 157.
where goods remain in possession of agent, 159.
of part of the goods, 159.

sales including several articles, 160.
giving something in earnest or part payment, 161.
effect of the statute :-

upon contracts within its operation, 161.

defence of statute available under general issue, 161.

as to the property in goods sold, 162.

upon contracts partly within the statute, 164.

after part or complete execution of the contract, 165.
part performance in equity, 167.

account stated of debt under contract within the statute, 72, 167. See
Account stated.

contract within the statute cannot be varied or waived in part by parol, 415.
whether it can be wholly waived by parol, 416.

FREIGHT.

pro rata itineris, 35.

where ship wrecked on the voyage, 35.

where goods accepted at intermediate port, 35.

no freight where shipowner carries his own goods, 211.

GAMING. See Wagering Contracts.

contracts by way of, void, 377.

exception of prizes at lawful games, 378.

bills, notes, and securities for money won by, illegal, 378.

money lent for purpose of, 402.

money lent to pay losses at, 402.

GENERAL ISSUE.

GIFT.

admits objection under Statute of Frauds, 161.

objection of non-joinder of joint debtor not admissible under, 213.
of non-joinder of joint creditor admissible, 215.

imperfect, not assisted in equity, 331.

gratuitous promise, not binding unless under seal, 10, 81, 310.
not enforced by specific performance, 330.

voluntary payment of money, not recoverable, 46, 56.

Goops. See Sale of Goods.

property in, under sale within Statute of Frauds, 163.

distinction between contract for goods and for work in making goods, 138.

duress of goods, 206. See Duress.

goods taken in payment, 482.

GOODWILL.

sale of goodwill of trade, 387.

stipulations not to carry on same trade, 387. See Restraint of Trade.

contracts for sale of, secured by penalty, 584.

GRATUITOUS PROMISE. See Gift.
GUARANTEE.

acceptance of, by acting upon, 25.

promise to answer for debt of another, within the Statute of Frauds, 126.
there must be a separate liability of another, 126.

promise to give or procure guarantee, 127.

promise to pay debt in consideration of discharging the debtor, 128.
promise to pay debt, where promisee is not the creditor, 129.
indemnity to bail in civil or criminal proceedings, 129.

promise to answer for default or miscarriage within the statute, 129.
consideration of guarantee within the Statute of Frauds not required to be
in writing, 121, 130, 145.

joint guarantees, 217.

rights of parties inter se, 217, 220.

right of surety against principal debtor, 42, 217, 220.
right of contribution between co-sureties, 43, 217, 220.
surety discharged by creditor giving time to principal, 221.
duty of creditor as to disclosing facts to surety, 203.

concealment does not avoid guarantee, unless fraudulent, 203.

what concealment is fraudulent, 203.

surety not entitled to demand or notice of payment unless stipulated for,
338, 340.

HEIR.

liability of heir on contracts of ancestor, 86, 637.
contracts under seal binding the heir, 86, 637.

statute giving action against heir and devisee, 86, 637.

plea of riens per descent and issue thereon, 638.

right and liability of, as assignee, on covenants annexed to reversion, 625,
639.

HIRING.

hirer of goods, not liable if they perish without his default, 365.

hiring of services. See Master and Servant.

HORSE.

agent to sell, when authorized to warrant, 273.

damages for breach of warranty of, 593. See Warranty.

HUSBAND AND WIFE. See Marriage.

wife incapable of binding herself by contract, 234.

cannot be sued alone or jointly with husband on contract made after
marriage, 234.

may be sued alone subject to plea in abatement on contract made
before marriage, 234.

not liable for contract induced by fraudulent representation that she
was unmarried, 235.

husband civilly dead, 236.

wife sole trader by custom of London, 236.

after divorce, 237.

judicial separation, 237.

order of protection of property, 237.

wife may charge by contracts her separate estate in equity, 238.

rights of wife upon contracts made with her, 239.

on contracts with husband and wife jointly, 240.

on contracts in which she is meritorious cause of action, 240.

when wife may be joined with husband in suing, 240.

when wife may sue alone subject only to plea in abatement, 241.
when wife cannot sue, 241.

authority of wife to bind husband, 242.

authority presumed from cohabitation, 243.

extent of, 243.

revocation of, 243.