LECTURE X. PRINCIPAL AND AGENT. THEIR RESPECTIVE LIABILITIES. AGENCY OF WIVES FOR THEIR HUSBANDS. REMEDIES BY ACTION. - TUTES OF LIMITATION. STA- Where the agent con- Where the principal is known, page 279. - Where the husband and wife live apart, 289. The policy of statutes of limitation, 304.- -Limit as to scire original debt, 313.-9 Geo. 4. c. 1., 313.-Tanner v. Smart, 314. a APPENDIX. THE SUBJECTS OF CONTRACT. DEFINITION OF THE SUBJECTS OF CONTRACT.CONSTRUCTION OF CONTRACTS.-SALES. STOPPAGE IN TRANSITU.-WARRANTIES. DEBTS.-BAILMENTS. Definition and Construction of Contracts. POTHIER'S definition of the object of Contracts, page 325. — The subject of contracts must be capable of performance. It must be something determinate. On the construction of Contracts, 327. Conditions precedent. Rules in Mallan & May, 328. — Examples. Illegal effects of conditions precedent. Pleading, 329.- Of Sales. The ability of the seller to sell, 330. — Goods bargained and sold. Delivery, 331.-Time and mode of delivery. Startup v. Macdonald, 332. — Delivery to an agent. Rights of the vendor in default of payment, 334. — After unreasonable delay, the Contract may be rescinded, 335. — Right of the vendor to stop in transitu, 336. Stoppage in Transitu. How the right arises. Definition of the right by BAYLEY J. When to stop in transitu, 339.-Wilmshurst v. Bowker, 340. The effect of stoppage in transitu, 312. —Who may stop in transitu. Jenkyns v. Usborne, 343. — What is a sufficient property to enable the owner to stop in transitu, 344.-Effect of transfer of Bill of Lading, 345.—Akerman v. Humphrey. What is constructive possession by the vendee, 346.—When the whole of the goods are taken from the carrier. Where part only are taken. The taking of samples, Tanner v. Scovell, 347.-Wentworth v. Outhwaite. Constructive delivery. Lackington v. Atherton, 349.- Constructive possession, 350.-Notice to stop: to whom to be given. Duties of the vendee, 351. Warranties. Express warranties, 354. — Fraud: Implied warranties, 355. General rule. Hart v. Windsor. Sutton v. Temple, 356. Demises of land, 357. Continuing Guarantees, 364. Guarantees which are not continuing, 366.- How the original debtor may be released, 367. |