Page images


revocation by destruction under Wills Act-continued.
destruction of signatures, 384

of last, only necessary as a rule, 387

destruction of seal, 386

evidence admissible to show that tearing caused acci-
dentally, 386

partial revocation by tearing, 387

cancelling not revocation under Wills Act, 387

when parol evidence admissible to show what obliterated words

were, 388-390

effect of probate "with alterations," &c., 390
alteration in will made before Wills Act

presumed to have been made before act came into opera-
tion, 390

blanks when presumed to have been filled up, 391
execution of alterations, 392

evidence as to alterations, 392

obliterations, &c., in will made before but altered after 1st
January, 1838, 393

alterations in will made since Wills Act, 393

presumed to have been made after execution, 393

onus on party supporting alteration, 393
rebuttal of presumption, 394

declarations by testator, 394

expert evidence, 395

testator in actual military service, 395
sheet interpolated, effect of, 396
codicil not noticing alteration, 396

dependent relative revocation, 397-400

doctrine does not apply to past transactions, 400
no new will made, 400

partial obliteration and new disposition, 400

complete obliteration, 400

mistake in point of law, 401

reference to another document not of testamentary char-

acter, 401

whether when under Statute of Frauds second will revoked,
first revived, 402-404

revoked will now only revived by codicil, 404

immaterial whether second will contained revocatory
clause, 404

parol evidence admissible to prove contents of second
will, 404

must be strong, 405

but not of intention to revive, 405

duplicate wills,
presumption of revocation by cancellation or destruction

of one, 406
effect of alterations in one of duplicate wills, 407
whether when will destroyed codicil revoked, 408

semble not, 410
codicil revoking will does not necessarily revoke prior

codicil, 410
by auction or in bankruptcy within statute, 65

under order of court not, 65
of security or lien not, 104

contract for sale of, 186
exceptions in seventeenth section, 186
executory contracts within statute, 187
when contract is for sale of goods, and when for work and

labour done and materials furnished, 188-190
contract to make up materials and affix them to land, 190
for "price" or "value" of £10, 191
acceptance of goods,

may be prior to receipt, 191-193
after action brought, 193
test of, 193
special lien or interest, 195
of sample, 195-197
constructive, 197
acts of ownership by vendee, evidence of, 198-203
marking goods, 203
of one of several articles, acceptance of all if contract

entire, 204-206
secus if contract not entire, or if goods sent in excess of

order, 206
sale by auction distinct contract for each lot, 206
goods not made, 207
goods sold by principal as agent, 207
mixed contract, 207
vendee must have an opportunity of judging whether goods

correspond with sample, 208
user or experiments to ascertain quality, 209
goods need not be returned, 210

delay in refusing may amount to acceptance, 211-214
purchaser cannot after acceptance withdraw unless fraud,


SALE OF GOODS-continued.

vendor's consent to acceptance necessary, 214
contract disaffirmed by vendor, 215
carrier of goods has no authority to accept, 215
defeasible contract taken out of statute by acceptance, 216
disputed terms though acceptance, 217
distinction between "acceptance" and "receipt," 217

test of receipt whether vendor's lien remains, 217
goods in possession of vendee at time of sale, 218
receipt by acceptance of delivery order or dock warrant,

possession taken by vendee, 221

goods need not be removed from possession of vendor,

delivery to carrier may be delivery to vendee, 224

executory contract partly executed, 225

right of vendor to sue for goods actually delivered, 225

payment of earnest money, 225

part payment, 226

[blocks in formation]


post-nuptial, in pursuance of ante-nuptial verbal agreement,
not binding as against creditors, 135-138


when interest in land, 147

not goods, wares, or merchandise, 150
equitable mortgage by deposit of, 162


not necessary to deed, 10
of will. See "ATTESTATION OF Wills;" "EXECUTION OF Wills."
tearing off, at end of will, revocation both under Statute of

Frauds and Wills Act, 371, 385

need only be by party to be charged, 275
whether approval of draft agreement or conveyance by parties

sufficient, 276

by agent, 277
alteration of draft by party not sufficient, 278
must be actual signature of name or mark, 279

signature as witness, effect of, 279
by partner, 280
may be in pencil, 280
or by stamp, 280
or be printed, 280
mark or initials, 281

to instructions for telegram, 281
place of, immaterial, 282

at beginning of memorandum, 282

upon goods, or in catalogue or order book, 283
in third person, 283

of will. See “EXECUTION” and “ ATTESTATION."

by agent. See that head.
of declaration of trust must be by beneficial owner, 427

to contract, parol evidence admissible to prove, 271

provisions of Statute of Frauds as to, 412
of Wills Act, 413
Admiralty Acts, 413-415
what is actual military service, 416

actual warfare, 416
alterations in, while on, 417
will made on, remains operative, 417
will of minor on, 417

requisites to probate, 418
“mariners," term includes whole naval profession, 418, 419

of agreement containing words of present demise, 17
of covenant in bond or deed suspended during marriage, 122
of promises made in consideration of marriage.


on the ground of part performance, 460
principles on which court acts, 460-462
position of parties must be altered, 462
acquiescence, 462

acts of, must be unequivocal, not introductory or ancillary,


part payment of purchase money not, 464

nor payment of all, 465

effect of part payment on executory contract, 465
admission into possession is, 465

express assent not necessary, 466

either party may enforce agreement, 467

expenditure of money on faith of contract is, 467

under terms of lease not, 468

acquiescence in effect of, 468

parol contract by tenant for life under power, remainder-
man not bound, 469

whether change of residence sufficient 470

acts of, must be referable to an agreement, 471-474

continuance in possession not, 474

unless accompanied by acts referable to agreement, 475
payment of rent, 476

laying out money part of consideration is, 477-481
by sub-lessee, 477

agreement must be complete, 481

terms of contract must be certain, 482, 484

contradictory evidence as to terms when specific perform-
ance decreed notwithstanding, 484-487
surrounding circumstances considered, 487
immaterial terms need not be proved, 487
family arrangements by parol, 487
companies bound by part performance, 488
fraud takes case out of statute, 489, 491

not fraud to refuse to sign fair copy of agreement, 491
statute cannot be pleaded after admission of agreement by
defendant, 493

where no statement of defence required, whether statute may be
pleaded orally at the hearing, 493

demurrer, 494

agreement admitted by defendant, case taken out of statute,


statute may be insisted upon, 496

defendant denying agreement but not pleading statute may not
plead at hearing, 497

different agreement admitted, plaintiff may amend, 497

« PreviousContinue »