D. DAMAGES, measure of, for breach of an executory contract of sale, 446, 537. DEBT, wager of law, 104, 122, 136, 137. consideration to support, 122. DEBTOR AND CREDITOR. See LOAN. DECEIT (ACTION OF), approximation of case to, 132. for injury occasioned by breach of contract, 133, 134, 138–140, 145. DELIVERY. definition, 450. obligation arising from, at Roman law. See RE (CONTRACTS). See also PERFORMANCE; SALE. DEMONSTRATIO, 28, 34. DEPENDENT AND INDEPENDENT COVENANTS AND PROM- presumption of dependence from order of performance and pay- presumption from failure to fix order of performance and pay- sale and conveyance of land, 592, 596. simultaneous payment and delivery, 594, 615. effect of a covenant going only to part of the consideration, 600. change of dependent to independent promise by waiver of perform- presumption from delivery and payment by instalments, 613. DEPOSITUM, 73, 151. definition, 75. distinguished from mandate, 75. transformation of, by agreement, to commodatum, mandate, or measure of care required, 76, 127. DETINUE (ACTION OF), for money paid or goods delivered by mistake, 104. DISABILITY. See MARRIED WOMAN. DISSOLUTION. See ALTERATION OR DISSOLUTION. DIVISIBLE CONTRACTS. See ENTIRE AND DIVISIBLE CONTRACTS. E. EDICTA PROUT RES INCIDIT, 50. EDICTUM PERPETUUM, 50. EMPTIO VENDITIO, 87-90, 184. ENTIRE AND DIVISIBLE CONTRACTS. contracts to pay by instalments for a single act or thing, 618. structure imperfectly erected on another's land, 622. part performance of a contract for service for a specified time, 623. destruction of the subject-matter before the completion of an entire EQUITY. See also SALE. at Roman law. See PRAEtor. early cognizance of breach of contract, 131, 144. ESTOPPEL, by seal, 120. EVIDENCE, See also SUBROGATION. to contradict or explain instruments in writing, 104, 223, 474, 499. EXCEPTIO, 33, 71. EXECUTED AND EXECUTORY CONTRACTS, no remedy for breach of executory parol contract under the early See CONSIDERATION; MARRIED WOMEN; SALE; SUNDAY CONTRACTS. FORMULARY SYSTEM, 25. defects, 42. FRAUD, as a defence at Roman law, 100, 120. as a defence at common law, 120. ratification of contracts infected with. See RATIFICATION. FRAUDS (STATUTE OF), promise in consideration of marriage, 208. signature of memorandum, 379, 380. signature of party to be charged sufficient, 378. G. GIFT, promise to give invalid at common law, unless under seal, 192. binding under later Roman law, 81. revocation of, for ingratitude at Roman law, 182. GUARANTY, by mandatum at Roman law, 95, 175. case for breach of parol contract of, 133. essentials to valid contract of, at Roman and the common law, 171, doctrine of the United States Supreme Court as to notice of accept- by instrument under seal, 181, 245, 310. in consideration of further advances. See CONSIDERATION. in consideration of forbearance. See CONSIDERATION. foundation of guarantor's right of action against debtor, 232, 234, 249. H. HYPOTHECA, 99, 110. I. ILLEGAL OR IMMORAL CONTRACTS, 654. See also SUNDAY IMPLIED PROMISE, to pay for an act done or service rendered at request, 215, 227, 239, payment of another's debt, 103, 234. necessaries furnished to a married woman, 228. wife's funeral expenses, 228. carriage of luggage on excursion trains, 228. presumption that act done or service rendered was not gratuitous, 228. IMPLIED PROMISE, continued. implied request, 231. - payment of taxes by auctioneer on goods left with him, 231. money paid by mistake, 104, 233. effect of express agreement, 235. subsequent promise as evidence of, 246, 250. declaration on. See ASSUMPSIT. to pay for goods sold on Sunday and delivered afterward, 299. shall be merchantable as described, 491. IMPOSSIBILITY, effect of, on contracts at Roman law, 174, 634, 638, at common law, 639. arising from the nature of the act or thing promised, 174, 639, 641. arising from inability of the promisor, 174. contracts for, as contracts of insurance, 174, 613, 644, 653. effect of warranty of possibility, 176, 643, 644, 653. implied warranty of possibility, 176. contracts void for, because not seriously intended, 176, 641. subsequent, as an excuse from performance, 630. act of God, 637, 654. vis major, 74, 87, 630, 634, 637, 654. resulting from the destruction of the subject-matter, 630, 644. distinction between, and inconvenience, 650. INDEBITATUS ASSUMPSIT. See ASSUMPSIT. INDEPENDENT COVENANTS AND PROMISES. See DEPENDENT INNKEEPER, liability of, for loss of lodger's goods, 151, 155, 156. INNOMINATE CONTRACTS, 101-103, 184, 185, 186. INSTITORIA (ACTIONS), 86. INSURANCE. See IMPOSSIBILITY. against a past risk, 191. INTENTIO, 28, 34. INTERDICT, 35-37. analogy to injunction, 36. to habeas corpus or mandamus, 37. INTÉRESSÉS (CONTRATS). See TITRE ONÉREUX (CONTRATS À). promise to pay, implied in loan by mancipation, 74. See also CONSIDERATION. JOINT CONTRACTS, J. joint contractors for divisible performance answerable at common law under the civil law only for their respective shares, 114, 116. revival of joint debt barred by statute of limitations, 244. JUDEX, trial by, analogous to trial by jury, 24-35, 37-56. JUDICIS POSTULATIO, 24. JURISCONSULTS, functions of. See RESPONSA PRUDENTUM; JUSTINIAN'S LEGIS- LATION. JURISPRUDENCE (GROWTH OF), 1. the Roman law, 3. during the middle ages, 6. relation of the Roman law to the common law, 11. JUS CIVILE, 20, 22. See also PRAETOR. JUS HONORARIUM OR PRÆTORIUM, 20, 22, 30. See also contracts for the sale of. See FRAUDS (STATUTE OF). obligation of owner to pay for structures erected upon, 623. LEASE. See LOCATIO CONDUCTIO. under the Roman and early English law merely contractual, and did not confer right of ownership, 92, 153. actions on, confined to original parties, and could not be maintained by or against an assignee, ibid. LEGIS ACTIONES, 21, 23-35. |