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LECTURE X.

PRINCIPAL AND

AGENT. THEIR RESPECTIVE

LIABILITIES.

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AGENCY OF WIVES FOR THEIR

HUSBANDS. REMEDIES BY ACTION.

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TUTES OF LIMITATION.

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STA-

Where the agent con-

Where the principal is known, page 279.
tracts quà principal, 280.—Right of option whether to charge
principal or agent, 281.- Where the state of accounts would be
altered, 282. — Summary of cases in which the agent is liable,
283. Agency of wives for husbands, 284. Wives bind their
husbands only for necessary things, 285. Seaton v. Benedict.
Montague v. Benedict, 286.—Where the husband has for-
bidden the creditor to contract with the wife on his ac-
count. Revocation of agent's authority, 287. Manby v.
Scott, 288..

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Where the husband and wife live apart, 289.
Where there is an allowance to the wife. General rule as to
contracts during separation, 290.- - What are necessaries for
the wife. Turner v. Rookes, 291.- Grindell v. Godmond, 292.
- General rule. Assignees of bankrupts, 293. Remedies by
which contracts may be enforced, 294.-Contracts by executors
and administrators, 295.-Remedies in equity, 296.- Remedy
at law by action. Scire facias on contracts by record. The
action of debt, 297. Cases where debt lies, 298. - By action
of covenant. Action of assumpsit. Where assumpsit lies, 299.
-Tortious breaches of contract, 300.-Action of account, 302.

The policy of statutes of limitation, 304.- -Limit as to scire
facias. Limit as to action of debt on deed, 305. Limit as to
the action of covenant. The Real Property Limitation Act,
306. When the time of limitation runs from, 307. Limita-
tion for actions of debt and assumpsit, 21 Jac. 1. c. 16., s. 3.
308.-Exceptions in favour of certain classes. Time from which
the statute runs, 309. — Infants. Exemption in cases of pri-
vilege of parliament, 310. —Outlaws. Persons "beyond Seas,"
311. Meaning of "beyond Seas," 312. - Acknowledgment by
writing signed. Whether the acknowledgment revives the

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original debt, 313.-9 Geo. 4. c. 1., 313.-Tanner v. Smart, 314.
There must be a promise, or an acknowledgment implying
one, to bar the statute. Hart v. Prendergast, 317.- Waters v.
Earl of Thanet. Remarks on the foregoing decisions, 318.—
Conditional promises no longer suffice. — Where the condition
is performed, the action may be brought. Payment of prin-
cipal or interest. The precise sum need not be named. The
promise must be before action brought, 319.- Payment of
part of principal or interest suffices. Merchants' accounts.
Evidence of payment. Payment of interest on a joint-note,
321. Amendment of writs to save the Statute, 322.

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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.

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Continuing Guarantees, 364. Guarantees which are not continuing, 366.- How the original debtor may be released, 367.

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