INDEX.

ABANDONMENT.

of contract, 561, 600.
of insured ship, 455.
ABATEMENT.

plea in, abolished, 295.
by bankruptcy, 906.

ABSTRACT OF TITLE.
delivery of, 590.

time for delivery, 598.

ACCEPTANCE.

of offer of contract, 13.
conditional or qualified, 13.
in variance of offer, 14.
by a third party, 16.
communication of, 18.

by post or telegraph, 19, 20.

revocation of, 23.

of executed consideration, 28.

of contract under seal, 86.

of goods within Sale of Goods Act, 188, 266. See FRAUDS.

of bill, 337, 452, 842. See BILL OF EXCHANGE.

ACCIDENT.

completion of contract prevented by, 38.

exceptions of, from contract, 480.

alteration or loss of instrument by, 573, 580.

ACCOMMODATION BILL.

indemnity of maker of, 45, 47. See BILL OF EXCHANGE.

ACCORD AND SATISFACTION.

of breach of contract, 621.

of contracts under seal, 621.

consideration of, 622.

accord without satisfaction, 622.

payment in satisfaction, 627. See PAYMENT.

by new contract, 623, 661.

by composition with creditors, 624.

by liability of third party, 625.

ACCOUNT.

contract to account on demand, 452.

payment by set-off of cross items in, 77, 630, 637.

set-off in, with agent, 339, 341, 645.

appropriation of payments in, 649.

ACCOUNT STATED.

debt implied from, 74, 75.
of future debts, 77.

of cross items, 77, 630, 649.

consideration of, 76.

of debt under contract within Statute of Frauds, 76, 77, 201.

of debt barred by Statute of Limitation, 76, 78.

of debt under unstamped agreement, 76.

oral, or written, or by deed, 78.

effect of bill or note as, 78.

parties to, 79.

jurisdiction to re-open or falsify, 77.

ACKNOWLEDGMENT OF DEBT.
covenant implied from, 78, 663.

of debt contracted in infancy, 376. See INFANT.

of debt barred by Statute of Limitation, 701. See LIMITATION.

ACT OF GOD.

impossibility caused by, 480.

excepted from contract, 480.

ACT OF PARLIAMENT.

remedy given by, when exclusive, 102.

contracts discharged by, 497.

contracts illegal by, 505.

ACTION PENDING.

ground for staying proceedings, 670.

in inferior or in foreign court, 670.

pendency of appeal, 82.

ADMINISTRATION OF ASSETS. See ASSETS.

priority of debts in, 97.

allowance of debts barred by Statute of Limitation, 699.
set-off in, 723.

ADMINISTRATOR. See EXECUTOR.

ADMISSION. See ACCOUNT STATED; ACKNOWLEDGMENT.
in legal proceedings, estoppel by, 668.

ADULTERY. See MARRIED WOMAN.

of husband, authority of wife arising on, 400.
of wife, revokes her authority, 400.

ADVERTISEMENT.

of reward for information, or services, 10, 287, 436.

AGENT.

appointment of, 308.

for contracts under seal, 309.

agency implied from conduct, 309.

from relation of parties, wife, servant, &c., 310.
from necessity, 310.

ratification of assumed agency, 311.

extent of authority, 314.

construction of written authority, 314, 316.

power of attorney, 314, 319.

general and particular authority, 314, 347.

special restrictions of, 315.

general agents, 347. See FACTOR; BROKER; AUCTIONEER,

&c.

AGENT-continued.

notice of authority, 345.
execution of agency, 316, 319.

joint and several agency, 317.
delegation of agency, 320.

employment of sub-agent, 320, 321.
act of signing, 185, 320.

signature per pro., 316, 338, 770.

revocation of agency, 322.

authority coupled with interest irrevocable, 323.
notice of, 323.

by death, 24, 324.

by bankruptcy of principal, 325.

claim for past services upon revocation, 37.

parties to contract by agent:-in contracts under seal, 329.
in simple contracts, 330.

principal presumptively the contracting party, 330.
principal and agent both contracting parties, 331.
agent sole contracting party, 333.

contract for foreign principal, 333.

condition for cesser of liability of agent, 334, 343.

liability and right of undisclosed principal, 335, 336.
under contracts in writing, 336.

on bills of exchange, 337.

conditions of charging undisclosed principal, 339.

principal paying or accounting with agent, 339.
conditions of claim of undisclosed principal, 340.

debtor paying or accounting with agent, 340, 341.
notice of agency, 341.

intervention of principal discharges liability to agent, 342.
payment to or set-off against principal, 342, 343.

principal contracting as agent, 319, 343.

agent contracting with his own principal, 344.

contract by agent without authority, 344.

warranty of authority, 344.

damages recoverable for want of authority, 770.

contract obtained by fraud of agent, 251.

contract of agent in fraud of principal, 326.

indemnity of agent, 30, 326, 770.

liability of, to render account of agency, 452.

to account for profits made in execution of agency, 326.
customary allowances and gratuities to, 327.

for money received, 71.

payment to agent and by agent, 644, 646.

set-off with agent, 341, 645, 718.

money in possession of bankrupt agent, 913.
paid by, 30.

AGISTMENT.

of cattle, contract for, 166.

AGREEMENT.

nature and evidence of, 2.
simple contracts by, 7.

contracts independent of, 41.
as source of contract, 2.

ALIEN.

capacity of, to contract, 371.

enemy, contract of, 372. See ENEMY.

remedies of assignee, specific performance, 826, 827.

voluntary assignment and declaration of trust, 828.

form of assignment, 830.

order upon debtor to pay, 830, 839.

notice of, to debtor, 831-835.

notice to agent, or co-debtor, or co-trustee, 834, 835.

priority of successive assignees, 832.

assignee subject to equities, 836-838.

effect of equitable assignment at law, 824.

assignment of debt by new agreement of parties, 838.

contract of debtor to pay assignee, 839.

assignment of liability for debt, 840.
assignment on trust to pay creditors, 646.
set-off by or against assignee of debt, 721.

ASSIGNMENT OF LEASE. See LEASE.
covenant against assignment, 153, 865.
runs with the term, 865.

not a usual covenant, 448.
damages for breach of, 768.

discharged in bankruptcy, and by assignment in law, 866.
indemnity of assignor by assignee of lease, 44, 153, 877.