Volume 1 contains §§ 1-331; volume 2, the residue] 288, | Young v. Stevens, 276, 616. Young v. Ward, 604.

Wuller v. Chuse Grocery Co.,
292, 310, 311.

Wustrack v. Hall, 80, 113.
W. W. Johnson Co. v. Triplett. 31.
W. W. Kimball Co. v. Raw, 613.
W. W. V. Co. v. Black, 380.
Wyatt v. Simpson, 452.

Wygal v. Georgia Home Ins. Co., Young Co. v. Springer, 130.

Yaeger Milling Co. v. Lawler, 548. Yount v. Yount, 173, 231, 264.

Zimmerman v. Branyan, 218.
Zimmerman v. Frushour. 505.
Zimmerman v. Wengert, 530.
Zineman v. Harris, 408.
Zinsser v. Ruppel, 24.
Zoerb v. Paetz, 145.

Zouch v. Parsons, 285.

Zuccarello v. Randolph, 227.

Zuck v. Turner Harness & Car-
riage Co.. 310.

Zucker v. Karpeles. 677.
Zufall v. Peyton, 634.
Zunkel v. Colson, 604.

Zunker v. Kuehn, 420, 589.
Zwicky v. Morris, 9, 465.

INDEX

[The figures refer to sections. Volume 1 contains §§ 1-331; volume 2, the residue]

ABANDONMENT,

Of contract, as ground for rescission, 6.

Failure or refusal of performance, 196-220.
Refusal to perform, as evidencing, 202.

Declared intention not to perform, 204.

Inability to perform, 206.

Party disabling himself to perform, 210.
From impossibility of performance, 208.

Destruction of subject-matter, 209.

Sale of subject-matter to third party, 211.
Breach of covenant or condition as, 212.
By failure of punctual performance, 216–220.
Of enterprise, releasing subscribers, 353.
Of premises, ground for canceling lease, 462.
By lessee of mining property, 471.

Of rights by holder of insurance policy, 496.
As effecting rescission by mutual consent, 532.

ABUSE OF PROCESS,

Duress practised by means of, 233.

ACCEPTANCE,

Of defective article, as precluding rescission, 195.

Of incomplete or unpunctual performance, effect of, 215–220.

Of surrender of insurance policy for cancellation, 492.

Of gift by donee, 497.

Of offer of rescission, 529.

Of property returned, as evidencing rescission, 579.

Of offer of partial rescission, 588.

ACCIDENT,

As ground for rescission, 156.

Rendering performance impossible, rescission for, 160.

As excuse for default in performance, 201.

Destruction of subject-matter of contract, 209.
Release of damages from, rescission of, 389.

ACCORD AND SATISFACTION,

See Release.

As waiver of right to rescind, 613.

ACCOUNTING,

On rescission of sale of land, 632-637.

Liability for waste, 633.

Interest on consideration received, 632.

Charging for rents or rental value, 634.

Allowance for improvements and repairs, 636.

Allowance for taxes and incumbrances paid, 637.
Authority of court to order, 689.

(1715)

INDEX

[The figures refer to sections. Volume 1 contains §§ 1-331;. volume 2, the residue]

ACQUIESCENCE,

In proposed rescission of contract, 526.

Inferred from delay, 527.

Burden of proving, in actions for rescission, 679.

ACTIONS,

Civil, threat of, not duress, 232.

Institution of, as equivalent to notice of rescission, 576.

As waiver of right to rescind contract, 612.

For rescission, offer of restitution as condition precedent to, 625.
Jurisdiction and form of remedy, 643-656.
Application of statute of limitations, 653.
Venue of actions, 656.

Parties to actions, 657-663.
Pleading and practice, 664-675.

Burden of proof and evidence, 676-684.
Judgment or decree, 685–699.

After rescission or cancellation, 703-705.
For recovery of consideration paid, 703.
No action on rescinded contract, 704.
Action for damages for rescission, 705.

ACTORS,

Rescission of contracts with, for unsatisfactory work, 192.
ADEQUATE REMEDY AT LAW,

Precluding rescission or cancellation in equity, 645.

Action for fraud or deceit, 646.

Defense to action on contract, 647.
Pendency of proceedings at law, 648.
Insolvency of defendant, 649.

ADJUDICATION OF INSANITY,

Effect of, on subsequent deeds and contracts, 259.
ADMINISTRATORS,

Duty to beneficiaries; constructive fraud, 48.

Right to disaffirm contracts of infant decedent, 305.
Sales by, see Judicial Sales.

As parties to suits for rescission or cancellation, 663.

ADMISSIBILITY OF EVIDENCE,

In suits for rescission or cancellation, 681.

ADVERTISEMENT,

Responsibility for false statements in, 96.
License for display of, on buildings, 378.

ADVICE,

Independent, to grantor or donor, proof of, to overcome presump-

tion of fraud, 40.

Effect of, as negativing duress, 223.

Does not constitute undue influence, 237.

Independent, as negativing undue influence, 244.

In case of deed or settlement in trust, 362.

Of physician in personal injury cases, reliance on, 390.

AFFREIGHTMENT,

Rescission of contract of, 334.

AGED PERSONS,

Undue influence exerted upon, 247, 253.

Avoidance of contracts for mental weakness, 267.
Senile dementia, 267.

[The figures refer to sections. Volume 1 contains §§ 1-331; volume 2, the residue}

AGENTS,

Fraud practised by, as ground for rescission, 32.

Wrongly exceeding authority, 33.

Colluding with opposite party, 34.

As fiduciaries, duty of, in dealing with principals, 42.
False representations as to agency or authority, 92.
False representations of, when bind principal, 93.
Mistakes of, as ground for rescission, 135.
Insanity of principal revokes authority, 254.
Insanity of, rescission of employment for, 254.
Appointment of, by infants, 293.

Rescission of contracts of employment of, 335.
Agency for definite time, 336.

Revocation by operation of law, 337.
Revocation for cause, 337.

Notice of revocation, 338.

Reimbursement or compensation of agent, 339.
Repudiation or rescission by agent, 340.

Agency or power coupled with interest, 341.

Of corporations, selling stock, effect of false representations by, 348.
Of insurance companies, misrepresentations by, 477.

Notice of cancellation given to, 482.

Authority to surrender policies for cancellation, 491.

When offer of return of property may be made to, on rescission, 624.
AGREEMENT,

Of parties, rescission of contract by, 521.

On conditions, 522.

Consideration, 523.

Parol, affecting written contract, 524.

Consent of parties, 525.

Implied assent, 527, 528.

Acts and conduct constituting rescission, 528-533.

Evidence of rescission by, 534.

Consequences and effects of rescission, 535.

ALABAMA,

Statutory grounds for rescission in, 18.

Theater tickets as contracts in, 380.

ALIENS,

Illiterate, induced to sign instrument without reading, 53.
False representations to, 125.

Releases given by, when voidable, 385.

ALLEGATIONS,

Of bill or complaint for rescission or cancellation, 664-673.

ALTERATION OF CONTRACT,

When effects rescission, 9.

Fraudulent, as ground for rescission, 26.

AMBIGUITY,

Causing mistake or misunderstanding, as ground for relief, 140.
In notice of rescission, effect of, 574.

AMENDMENT,

Of bill or complaint in suit for rescission, 664.

ANIMALS,

Sale of, with concealment of latent defects, 64.
Defective, purchaser's right to reject, 177-195.
Seller's knowledge of unsoundness, 186.

INDEX

[The figures refer to sections. Volume 1 contains §§ 1-331; volume 2, the residue]

ANSWER,

In suit for rescission or cancellation, 674.

ANTENUPTIAL AGREEMENTS,

Revocation of, or setting aside, 368.

ANTICIPATORY BREACH OF CONTRACT,
As ground for rescission, 203.

Party disabling himself to perform, 210.
Bankruptcy as constituting, 327.

APPRENTICESHIP,

Of minors, contract of, 286.

ARREST,

Duress by, 233.

By threats of, 234.

By threatening near relatives, 235.

ARTISTS,

Work done by, under guaranty of satisfaction, privilege of rejec
tion, 192.

ASSAULT AND BATTERY,

Threat of, as constituting duress, 231.

ASSIGNMENT,

Of purchase-money notes prevents rescission between vendor and ven.
dee, 642.

ATTACHMENT,

Threat of, not duress, 232.

Sales under, see Judicial Sales.

ATTORNEY AND CLIENT,

Duties of, in dealing together; constructive fraud, 43.

Knowledge by, of falsity of representations, when imputable to
principal, 117, 121.

Attorney misleading client as to matters of law, 71.

Undue influence procuring contract or grant, 250.
Appointment of attorney by infant, 293.

Liability of infant for attorneys' fees, 299.

AUCTION,

Rescission and avoidance of sales at, 443-455.
Fraud of auctioneer as ground for avoiding, 446.
Reliance on representations of auctioneer, 447.
Employment of puffers or by-bidders at, 450.
AVOIDANCE,

Of contracts by infants, 304–312.

BANKRUPTCY,

Reclamation of goods fraudulently purchased by bankrupt, 31.
Threat of proceedings in, not duress, 232.

As ground of rescission in general, 326–331.

Of corporation, as affecting right to rescind subscription for stock,

352.

Terminating authority and employment of agent, 337.

Dissolving partnership, 343.

Sales in, vacation of, see Judicial Sales.

Right of trustee in, to avoid contracts and deeds of bankrupt, 550.