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A Burden Incurred at the Request of the Other Party is a Sufficient Considera-
tion.
Mutual Mistake as to the Quality or Value of an Article Will Not, in the Ab-
sence of Fraud, and when it is Clear that the Parties are Agreed as to the
Subject Matter, Avoid a Contract...
PAGE
85
86
A Mutual Mistake Will Entitle a Buyer to Recover Back His Earnest Money... 88
Fraudulent Representation.
Contract During the Life of Another is not Within the Statute of Frauds..
"Puffing Goods" is not False Representation....
Sufficiency of Memorandum..
Part Payment Will Take a Contract out of the Statute of Frauds. . . .
The Memorandum may Consist of Two or More Pieces of Paper. See under Sales
The Memorandum Must Show Who is the Buyer and Who is the Seller. See
under Sales....
90
92
93
94
96
The Memorandum Must Show of Whom the Goods Were Bought.
Memorandum Must be Made Before Action is Brought......
99
A Contract Based on a Promise to Answer for the Debt of Another Must be in
Writing. See Suretyship and Guaranty. . . .
105
A Contract for the Sale of Growing Trees is an "interest in land," Within the
Meaning of the Fourth Section of the Statute of Frauds....
106
A Moral Obligation is not a Sufficient Consideration to Support an Express
Promise..
108
A Contract for Services in Promoting a Marriage is Void as Against Public
Policy.....
Destruction of Subject Matter Excuses Performance. See under Sales.
Buyer's Inability to Perform Conditions Required to Return Property Will
Defeat His Option to Return It....
119
Where a Compensation in Damages is not an Adequate Remedy, a Court of
Equity Will Grant a Decree of Specific Performance in the Case of Personal
Property the Same as in Real Estate...
120
Legal Impossibility...
Contracts to be Performed to the Other Party's Satisfaction..
Where the Work to be Done is Not to Gratily Taste, Serve Personal Conve-
nience, or Satisfy Individual Preference, but is of a Mechanical Nature, the
Party for Whom it is Done Must Pay for the Work if it is a Success, al-
though He May Claim that He is not Satisfied...
Injunction Against Breach of Contract..
122
124
126
128
An Injunction Will be Granted to Prevent the Breach of a Contract for Unique
or Extraordinary Personal Services, But not where the Service is Largely
Mechanical....
130
Customs and Usages in Interpreting a Written Contract.
135
A Law Impairing the Obligation of a Contract is Void..
Additional Citations on Contracts..
137
141
Form of the Contract of Sale...
SALES
143
Whether a Sale is Complete or Not Depends on the Intention of the Parties.... 144
Where the Property Sold has been Inspected and Approved and is a Part of a
Larger Bulk of the Same Kind and Quality and the Purchase Price is Paid,
the Fact that the Part Sold has not been Separated from the Rest, will not
Prevent the Title from Passing if the Parties so Intend..
Passing of the Title in the Case of a Sale of Growing Crops.
An Order on a Warehouse is not a Delivery....
The Sale of a Specified Chattel Passes the Property to the Vendee and Vests the
Title in Him Without Delivery.
147
153
157
158
Where Anything Remains to be Done by the Seller, Such as Weighing or Meas-
uring the Goods, as Between Him and the Buyer, the Title Will Not Pass
Until such Work is Done.
170
Change of Location Without Delivery...
171
A Contract for Making a Set of False Teeth is for Goods Sold and Delivered,
and not for Work and Labor Performed..
177
Contract to Make a Wagon is for Work and Labor and is not Within the
Statute..
179
Special Contract-Sale of Goods or Contract for Labor..
180
The Expression "Goods, Wares, and Merchandise" is Equivalent to "Personal
Property" and Includes a Mortgage on Real Estate..
182
A Memorandum Must be Signed by the Party to be Charged.
What Constitutes a Part Payment?. . . . .
183
A Memorandum May Consist of Two or More Pieces of Paper But They Must
Be so Connected as to Form One Memorandum of the Contract. . . . .
186
A Memorandum of Sale Must Show Who is the Buyer and Who is the Seller.... 190
NEGOTIABLE INSTRUMENTS
Parties to a Bill or Note Should Be Ascertainable....
192
Payee Must Be an Existing Person Capable of Being Ascertained and Identified 194
Certainty as to Time of Payment. . . .
197
The Instrument Must Be for the Payment of a Sum Certain.
Promissory Notes Must Be Paid in Money Only...
199
200
An Instrument Under Seal is not Negotiable...
202
A Signature May be in Any Mark or Figure Providing It is Meant as an Indorse-
ment...
207
Acceptance May be Verbal Unless Required by Statute to be in Writing
208
Necessity of Endorsement...
213
Where the Rate of Interest in a Note was Changed From Six to Seven Per Cent
Without the Consent of the Surety, the Surety is Relieved from Liability... 214
Presentment for Acceptance Must Be Proved.....
219
Where the Maker of a Note Has no Place of Business, a Presentment at His
Residence at 9:00 P.M. on the day of Maturity is Good..
220
A Purchaser Who Paid $5.00 for a Promissory Note of $300.00 Executed by a
Solvent Maker, is not a Bona Fide Holder for Value..
221
Liability of a Corporation on an Accommodation Note. See under Corpora-
tions....
Indorsement by Partners.
Presentment to Partners.
AGENCY
222
224
An Agency Must Be Based on a Contract Between the Principal and the Agent 227
Distinction Between an Agent and a Servant...
227
Who May Be Principals?...
229
Who May Be an Agent?..
232
A Principal May Ratify an Agent's Acts by Accepting the Benefits of Such
Acts...
233
Legal Effects of Ratification.
237
A Principal Can Not Ratify a Transaction in Part and Repudiate it in part.
He Must Ratify or Repudiate the Contract in its Entirety..
Where a Principal Holds an Agent Out as Having General Powers, Third Persons
are Not Bound By Any Secret Limitations on the Agent's Authority..
An Agent Can Not Collect Commission From Both Buyer and Seller..
An Agent Must Exercise Good Faith......
239
240
242
244
An Agent is Not Directly Liable on an Instrument he Executes Without Au-
thority in Another's Name. See Contracts..
245
An Agent Who Has the Proceeds of an Illegal Sale Belonging to His Principal
Must Pay it Over....
Authority of an Agent is Revoked by the Death of the Principal.
Existence of a Partnership Depends on the Intention of the Parties as Expressed
In the Absence of an Express Agreement a Partner is Not Entitled To Compen-
sation for His Services.
298
Of What does a Partner's Interest Consist?..
299
A Partner Cannot Purchase Firm Property for His Own Benefit..
301
Duty of Partner to Account for Money Received....
Dissolution and Notice...
302
305
Continuance of Partnership After Death of One of the Partners.
Disposition of Partnership Real Estate....
Marshalling of Assets. . . . . .
Right of a Partner to an Injunction and the Appointment of a Receiver..
Indorsement by Partners. See Under Negotiable Instruments.....
Presentment to Partners. See Under Negotiable Instruments..
CORPORATIONS
Nature of Corporation....
Corporations and Joint Stock Companies..
307
310
315
326
331
332
335
Ratification by Corporation of Acts Performed in Its Behalf Before Organization 340
Corporate Charter a Contract With the State. See Under Contracts..
Charter as a Contract License....
Control of State over Foreign Corporations.
Issue of Shares for Less then Par...
Who May Take Advantage of Ultra Vires Acts?.
Special Act-Acceptance of Charter.
342
346
353
358
367
Right of a Stockholder to Object to an Increase in the Capital Stock of a Cor-
poration.....
When the Stockholders Approve of a Contract Made by the Directors With a
Firm of Which a Director is a member, the Corporation is Bound by the
Contract....
396
399
Right of a Stockholder to Insure the Property of the Corporation. See Under
Insurance.
400
Disposition of Corporate Property on Dissolution.
SURETYSHIP AND GUARANTY
A Contract of Suretyship Creates an Immediate and Direct Liability, and is
Usually Entered into Either Jointly or Jointly and Severally with the Prin-
cipal Debtor.....
404
409
An Oral Promise to Answer for the Debt of Another can not be Enforced. . . . . .
Where a Guaranty is Made at the Same Time the Principal Contract is Made,
One Consideration is Sufficient for Both. . . . . . .
Consideration Necessary to Bind a Contract of Surety May Consist of a Bene-
fit to the Principal Debtor or Harm or Inconvenience to the Creditor.... 417
A Contract of Guaranty May be Accepted by Delivery and Performance of the
Consideration Without an Actual Notice of Acceptance. . . . . 420
411
Mere Delay on the Part of the Creditor in Enforcing the Obligation Against the
Principal Will not Discharge the Surety..
429
A Guarantor of Collection is Liable Only When the Creditor Can Not With Due
Diligence Collect of the Principal Debtor.....
A Guarantor of Payment is Immediately and Absolutely Liable to the Creditor 431
A Contract of Guaranty is a Collateral Undertaking, and the Guarantor is
Liable Only When His Principal is Also Liable..
437
440
The Liability of a Surety Can Not Be Extended by Implication Beyond the
Terms of His Contract....
442
A Co-surety Having Paid the Whole Debt Will Be Given Judgment Against the
Insolvent Estate of His Co-surety for Full Amount Paid and May Receive
Dividends Till He is Repaid One-Half of Amount Paid by Him...
449
BAILMENTS
A Sale On Condition Distinguished From a Bailment..
A Gratuitous Bailor is Liable Only for Gross Negligence..
The Fact That a Bailee Unintentionally Took a Wrong Road and Traveled Five
or Six Miles More Than Necessary Before He Discovered the Mistake,
Will Not Amount to a Conversion..
Where a Bailee Willfully and Intentionally Drives a Horse at Such An Immoder-
ate Rate of Speed as to Seriously Endanger Its Life, the Bailor May Treat
the Act as a Conversion and Maintain an Action of Trover.
Where an Owner Hired a Horse to D, and It Became Sick and D Placed It In
the Hands of L to Feed and Care For, the Owner Is Liable for the Expenses
Incurred by L in caring for the Horse...
456
459
461
464
467
When a Bailee Receives Property By Virtue of a Bailment, He Admits the
Right of Property in the Bailor, and Must Return the Property..
A Bailee Has the Right to Recover Damages from One Who Injures the Property
While in the Bailee's Possession....
A Pledgee Has No Right to Sell the Property Pledged to Secure a Debt Without
Giving Notice of the Intended Sale to the Pledgor...
Where Railroad Stock is Deposited as Collateral Security for the Payment of
a Note, It Constitutes a Pledge, and Can Not Be Sold Without Notice to the
Pledgor..... 477
469
473
474
Where a Slave is Pledged to Secure a Loan, On Payment of the Loan and Inter-
est, The Pledgor is Entitled to Compensation for the Services of the Slave,
While In The Possession of the Pledgee...
482
Where Gold Was Placed In The Vault of a Bank for Safe-Keeping and Was
Stolen by the Cashier and Chief Clerk, the Bank is not Liable. . . . . .
Risk of Loss Where Seller Though Delivering Possession Retains Title for Pur-
pose of Security...
483
496
The General Assembly of the State of Illinois Has the Right to Fix By Law the
Maximum Charges for Storing Grain in Warehouses...
497
INNKEEPERS
The Terms "Inn" and "Guest" defined. . . . . .
An Innkeeper is an Insurer of the Goods of His Guests..
A Sleeping Car Company is not Liable as an Innkeeper.
507
510
516