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L20046
COPYRIGHT, 1916
BY
VERNON LAW BOOK COMPANY
(2 BLACK RESC.)
TABLE OF CONTENTS
VOLUME 2
CHAPTER XV
PRINCIPLES OF RESCISSION APPLIED TO PARTICULAR CLASSES OF CONTRACTS
Section
332. Executed and Executory Contracts.
333. Contracts with Government or Municipal Corporations.
334. Maritime Contracts.
335. Contracts of Brokerage and Agency.
336. Same; Agency for Definite Time.
337. Same; Revocation by Operation of Law or for Cause.
338. Same; Notice of Revocation of Agency.
339. Same; Reimbursement or Compensation of Agent.
340. Same; Repudiation or Rescission by Agent.
341. Same; Agency or Power Coupled with an Interest.
342. Contracts of Suretyship and Guaranty.
343. Partnerships.
344. Contract or Engagement to Marry.
345. Marriage as Executed Contract.
346. Subscriptions for Corporate Stock; Release or Withdrawal.
347. Same; Rescission for Fraud or False Representations.
348. Same; Representations by Officers, Agents, and Promoters.
349. Same; False Statements in Prospectus.
350. Same; False Statements as to Other Subscriptions.
351. Same; Promissory Representations and Statements of Opin-
ion.
352. Same; Effect of Bankruptcy or Insolvency of Company.
353. Subscriptions to Charitable, Philanthropic, and Business En-
terprises.
354. Contracts for Work or Hire of Services.
355. Tenure of Office, Public and Private.
356. Resolutions and Contracts of Directors of Corporations.
357. Contract or Notice of Rescission may be Rescinded.
2 BLACK RESC.
(iii)
CHAPTER XVI
TRUSTS, SETTLEMENTS, AND ANTENUPTIAL AGREEMENTS
358. Revocability of Trusts and Settlements in General.
Absence of Power of Revocation.
359.
360.
Effect of Mistake.
361. Fraud, Deception, and Undue Influence.
362.
363.
364.
365.
Want of Independent Advice.
Deed of Trust Testamentary in Character.
Trusts in Bank Deposits.
Revocation by Consent of All Parties.
366. Resignation or Repudiation by Trustee.
367. Termination of Trust by Failure of Beneficiaries.
368. Antenuptial Agreements.
369.
CHAPTER XVII
LICENSES
Revocability of Licenses in General.
370. License Granted Upon Consideration.
371. Licensee Expending Money and Labor.
372. Same; Divergent Doctrines of Law and Equity.
373. Same; Express and Implied Licenses.
374. License for Permanent Structures or Improvements.
375. License Coupled with an Interest.
376. License for Right of Way.
377.
378.
379.
Mining Licenses.
Use of Premises for Advertising Purposes.
Compensation to Licensee on Revocation.
380. Tickets of Admission to Theaters and Other Places of
Amusement.
381. Licenses Under Patent and Copyright Laws.
382.
383.
384.
CHAPTER XVIII
RELEASES, COMPROMISES, AND SETTLEMENTS
Right of Rescission in General.
Misreading or Misrepresenting Instrument.
Want of Care and Prudence on Part of Releasor.
385. Same; Inability of Releasor to Read or Understand.
386. Representations as to Existence of Cause of Action.
387. Promises and Representations as to Future Events.
388. Mental and Physical Condition of Releasor.
389. Personal Injury Cases.
390. Same; Reliance on Opinion of Physician.
391. Same; Mistake as to Nature or Extent of Injuries.
392. Settlement and Compromise of Litigation.
393. Settlement and Division of Estates.
394. Settlements Between Trustees and Beneficiaries.
395. Remedy Against Fraud at Law and in Equity.
396. Restoration or Tender of Consideration Received.
397. Ratification and Estoppel.
CHAPTER XIX
NOTES AND BILLS
398. Right of Rescission or Cancellation in General.
399. Fraud and False Representations.
400.
Substitution of Instruments.
401. Duty of Care and Prudence.
402. Mistake.
403. Duress and Undue Influence.
404. Voidability as Against Bona Fide Holder for Value.
405. Jurisdiction of Equity to Order Cancellation.
CHAPTER XX
SALES OF PERSONAL PROPERTY
406. Rescission or Modification by Agreement of Parties.
407. Rescission for Cause.
408. Fraud and Misrepresentations.
409. Same; Fraud and False Representations by Purchaser.
410. Purchase and Sale of Corporate Stock.
411. Non-Payment of Price.
412. Same; Sale for Delivery in Installments.
413. Conditional Sales.
CHAPTER XXI
SALE AND EXCHANGE OF REAL PROPERTY
414. Modification by Subsequent Agreement.
415. Same; Extension of Time for Payment or Performance.
416. Option or Reserved Right to Rescind.
417.
Rescission by Mutual Agreement.
418. Right to Rescind in General.
419. Fraud and False Representations.
420. Same; As to Title, Interest, or Estate.
421.
Misrepresentation or Concealment of Incumbrances.
422. Same; Existence of Prior Contract to Convey.
423. Same; As to Quantity, Boundaries, or Location.
424. Same; As to Value of Property.
425. Same; As to Quality, Condition, and Improvements.
Same; As to Timber and Mineral Resources.
426.
427.
428.
Rescission for Failure or Defect of Title in General.
Application of Rule of Caveat Emptor.
429. Certainty and Materiality of Defect.
431.
432.
Allowance of Reasonable Time to Make Title.
Vendor Disabling Himself to Convey.
433. Defects Cured or Curable Before Conveyance.
434.
435.
436.
437.
Defects Cured After Notice of Rescission but Before Decree.
Disturbance of Purchaser or Danger of Eviction.
Failure of Title as to Part of Land Conveyed.
Grounds for Equitable Relief.
438. Waiver, Estoppel, or Default of Purchaser.
439.
440.
Rescission by Vendor for Non-Payment of Purchase Money.
Same; Deferred and Installment Payments.
441. Rights and Duties of Parties on Rescission.
442.
Exchange of Properties.
CHAPTER XXII
JUDICIAL AND OTHER PUBLIC SALES
443. Nature of Contract Created by Bid or Purchase at Public
444.
Sale.
Jurisdiction of Equity.
Fraud and False Representations.
Announcements or Representations by Persons Conducting
Remedies Before and After Confirmation of Sale.
455. Laches and Estoppel.