construction of contracts as to conditions precedent, 341.

dependent and independent promises, 344.

rules derived from the time of performance of the promises, 345.
rules derived from the matter of the promises, 347.

performance of conditions precedent, 350.

excuses of performance, 351.

pleading performance and excuses of conditions precedent, 352.
alternative promises, 353.

right of election of alternative, 354.

election once made is irrevocable, 355.

notice of election, 356.

impossibility of alternative, 356, 371.

PROMISSORY NOTE. See Bill of Exchange.
payable to maker or order, 210.

to uncertain payee, 211.

on demand, recoverable without demand, 454.
amount may be tendered before demand, 455.

statute of limitation runs from date of, 455, 527.

statute placing promissory notes on same footing with bills of exchange,
612.

RATIFICATION.

of assumed authority of agent, 268.

of signature of agent within Statute of Frauds, 152, 268.
of contract made during infancy, 229.

must be in writing signed by party, 229.

cannot be made by agent, 229, 265.

by husband of contract of wife, 246.

of unauthorized or informal contract on behalf of company, 263.
REAL ESTATE.

covenants annexed to, 615. See Covenants running with Land.
effect of judgment in charging, 93.

remedies against heir and devisee, 637. See Heir; Devisee.

made assets for payment of debts, 87, 638.

See Sale of Land.

REASONABLE.

promise must be reasonably practicable, 357.

and reasonably certain, 357.

sale not stating price imports a reasonable price, 147.

contract not stating time, imports a reasonable time for performance,
443.

forbearance for reasonable time, 324.

evidence admissible to show what is a reasonable time or reasonable price,
120.

RECEIPT.

effect of receipt as admission, 483.

evidence admissible to contradict or explain, 483.

by one of several trustees or partners, 483.

receipt of premium in policy of insurance, 484.

stamp, 484.

right of debtor to demand stamped receipt after payment, 459, 484.
receipt under seal, 485.

receipt of consideration in deed, 485.

receipt indorsed on deed, 485.

RECOGNIZANCE, 95.

RELEASE-Continued.

conditional release, 499.
construction of release, 500.
of one of co-debtors, 500.

reserving right against co-debtors, 501.
by one of co-creditors, 502.

in fraud of third party, 502.

by one co-creditor in fraud of the others, 502.
by trustee in fraud of cestui que trust, 502.
replication of fraud to plea of release, 503.

obtained by fraud on releasor, 503.

covenant not to sue, when equivalent to release, 504. See Covenant not

to sue.

RENT. See Lease.

REPAIR.

covenant to, runs with the land, 618.

covenant to, conditioned upon lessor finding material or putting in repair,
343.

accidental fire does not excuse covenant to, 363.

covenants to, excepting fire and tempest, 366.

REPRESENTATION.

contracts induced by false and fraudulent, 181. See Fraud.
contracts conditional upon truth of, 198. See Fraud.

REQUEST.

executed consideration requires previous request, 23.

request implied in law from acceptance of consideration, 23.
contracts arising from consideration executed upon request, 24.
money paid upon request, 40.

when request implied in law, 41.

promises conditional upon request, 337. See Demand.
RESCISSION.

of contract before breach by agreement, 413,.497.

requirements of new agreement rescinding contract, 414.
agreement rescinding contract in writing, 414.

agreement rescinding contract within Statute of Frauds, 415.
waiver of bills and notes, 418.

rescinding contracts under seal, 418.

contracts reserving option to rescind, 421.

RESTRAINT OF MARRIAGE.

contracts in restraint of marriage, 398.

contracts to procure marriage, 398.

separation deeds, 398.

contracts concerning proceedings in Matrimonial Court, 399.

revocation by husband of wife's authority to pledge his credit, 243, 241.
REWARD.

contract by advertisement offering, 13.

Statute of Frauds as to sale of goods of value of £10, 137.

what are goods within the statute, 138.

contracts for work in making goods, 138.

sale of several articles in one contract, 140, 160.

acceptance of goods within the statute, 153. See Frauds, Statute of.

bought and sold notes, 275. See Broker.

sale of goods to be paid for by bill, 112, 333, 585.

sale of goods to be paid in cash, 112, 113.

usage of trade as to credit, 113.

usage of trade as to time of delivery, 112.

sale conditional on arrival by ship, 341.

sale impliedly conditional upon existence of the goods, 360.

sale of specific goods with warranty, 198. See Warranty.

sale of goods by description of kind and quality, 199.

selling chattel with latent defect, 185.

with patent defect, 186.

effect of fraud in sale of goods, 195, 196. See Fraud.

readiness to deliver, a condition precedent on part of seller, 347.
readiness to pay, a condition precedent on part of buyer, 347.
actual tender of goods or money not a condition precedent, 3-17.
performance of the contract by delivery, 437.

as to quantity of goods, 437.

as to quality of goods, 438.
sale by sample, 438.

as to time of delivery, 442.

damages for not paying price, 589.

when interest on price recoverable, 584, 585, 589.

breach of warranty may be shown in reduction of price, 589.

special damages for breach of warranty not allowed in reduction of
price, 589.

damages for not accepting goods, 589.

measured by market price at time for acceptance, 589.

damages for not delivering goods, 590.

measured by market price at time for delivery, 590.

where there is no market, 591.

special damage recoverable, 572.

loss of profits on resale when recoverable, 591.

SALE OF LAND.

sale of land within Statute of Frauds, 131. See Frauds, Statute of.
what acts of vendor and purchaser are conditions precedent on their parts,
346.

stipulations in contract giving option to rescind, 422.

performance of contract, 439.

as to title required, 439.

as to land to be conveyed, 429.

damages recoverable for default in making title, 595.
costs of investigating title, 595.

deposit money and interest, 595.

costs of suit for specific performance, 596.
loss of bargain, 596.

relief in equity against delay in completing, 447.

SALE OF LAND-continued.

where time is of the essence of the contract, 448.
death of vendor or purchaser before completion, 640.

SAMPLE.

SEAL.

effect in equity as between heir and executor of deceased, 641.

when acceptance of, satisfies Statute of Frauds, 159.

under sale by, goods delivered must agree with, 438.

contracts under seal. 76.

of deed, 77. See Deed.

of corporation, 260. See Corporation.
SEPARATE PROPERTY.

of married woman in equity, 238.

her power of charging it by contracts, 238.

contracts in writing presumed to charge separate estate, 238.
married woman may be taken in execution in respect of, 631.
SEPARATION.

between husband and wife, by agreement, 236.

judicial separation, 237.

effect of on contracts and capacity of wife, 237.
separation deed, when legal, 398.

SERVANT.

SET-OFF.

See Master and Servant.

no right of set-off at common law, 545.

set-off in equity, 545.

statutes of set-off, 545.

set-off available by plea only, 546.

not available to reduce amount of tender, 546.
or to discharge lien on property, 547.

is not obligatory, 547.

must be due at time of action brought, 547.

what debts may be set off, 547.

claims for unliquidated damages, 548.

claims which may be framed either for debt or damages, 549.

claims partly for debt and partly for damages, 459.

debt barred by Statute of Limitations, 550.

debt discharged by bankruptcy, 550.

debt discharged by execution, 550.

debts must be mutual, 550.

joint and several debts, 550.

action brought by all persons in whom right supposed, 551.

debts to or from husband and wife, 551.

debts to or from executors, 551.

debts to or from testator or intestate, 552.

debts to or from bankrupt, 552.

debts to or from companies, 552.
debts to or from trustee, 553.

set-off of mutual credits with bankrupt, 553.

what are mutual credits, 554.

set-off against agent, when a defence to action by principal, 303.
payment by set-off of cross items in account, 475.

SEVERAL CONTRACTS, 216. See Parties.

SHARES.

in company holding land, not an interest in land within Statute of Frauds,

132.

in company, not goods within the statute, 138.
damages for not accepting shares sold, 589 (e).
damages for not delivering shares sold, 590 (c).
infant shareholder, liability of, 227, 231.

SHIP. See Bill of Lading; Charterparty; Insurance.