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SPECIFIC PERFORMANCE-continued.
rule of law as to admissibility of parol evidence on behalf of a

defendant before statute, 497
when parol evidence admitted on behalf of defendant resisting

specific performance, 498

fraud, mistake, surprise, 498, 502
grounds upon which parol evidence not admitted on behalf of

plaintiff, 502, 504
whether admissible on behalf of plaintiff when objection

taken before agreement signed, 504
parol variation of written contract may be enforced where part

performance, 504, 506
term omitted by mistake may be proved by parol by defendant,

506
inadvertent omission, 506

mistake must be clearly proved, 507
term omitted by consent, 507
parol evidence admissible to prove promised alterations, 507
term omitted plaintiff may have decree on offering to perform,

508
subsequent variation plaintiff offering to perform, 509
when parol evidence not admissible to add omitted term,

510, 512
terms ambiguous specific performance refused, 512, 514

mistake in law, 514
STAMP,

on surrender, 36
agreement relating to sale of goods, &c., does not require, 139

but for sale of lands does, 139
signature to memorandum may be impressed by, 280

or to will, 307
STIPULATIONS OF CONTRACT,
when parol evidence admissible to prove, 264

not admissible to prove waiver of, 266
SUBJECT-MATTER,

of contract, parol evidence admissible to prove, 271
SUB-LESSEE,

may acquiesce in surrender, 30
cannot surrender to original lessor, 37
expenditure by, when part performance, 477

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SUBSEQUENT ADVANCES. See EQUITABLE MORTGAGE."
SUBSEQUENT VARIATION,

plaintiff offering to perform specific performance decreed, 509

SURPRISE,
parol evidence admissible on behalf of defendant to show,

498
See “SPECIFIC PERFORMANCE."

SURRENDER,
of leases, &c., to be by deed or note in writing, or by act or

operation of law, 25
what is sufficient writing, 25

effect of statute, 26
definition of surrender, 28
prior interests not affected by, 29

demise by tenant from year to year, 30
sub-lessee may acquiesce in, 30
difference between surrender and release, 30
lessee reserving interest not surrender, 30
reversioner must accept, 31
surrenders of two sorts

by deed or express words, 31

or by operation of law, 31
proper operative words, 31
estate created without deed may be surrendered without deed,

32

secus where estate must be created by deed, 32
effect of surrender, 32, 33

on condition particular estate may revest, 33
no surrender to take effect in futuro, 33

unless estate not in possession, 34
surrender for purpose of renewal, 34-36
requisites to good surrender, 36

to whom made, 37
who may make, 37
cancelling lease not, 38
nor evidence of, 39

by mutual consent not, 40
definition of surrender “by act and operation of law," 40

disclaimer of title by tenant not, 41
nor agreement to pay additional rent, 41
nor by landlord to lay out money on premises, 41

nor by tenant to purchase, 41
tenancy from year to year surrender of, 42, 43

landlord taking possession, 43, 44

presumption of, when rebutted, 44
acts of surrender must be unequivocal, 45
acceptance of new lease, surrender by, 45

new lease need not be in writing, 46

SURRENDER- continued.
acceptance of new lease, surrender bycontinued.
recital in, of surrender not sufficient, 46

nor agreement for new lease, 47
nor new lease to begin presently, 47
what is sufficient new lease, 48, 49
new lease of part, effect of, 50
voidable on condition, may be surrender, 50
but not void lease, 51
nor acceptance of new lease made void contrary to

intention of parties, 51, 52
rule same whether surrender express or implied, 52
new lease granted to third party when surrender, 52-56
commencement of new tenancy question of fact, 56
consent of all parties necessary, 56

by one of several executors, 57
query whether doctrine applies to freehold interests, 57
doctrine has been doubted, 58-61
surrender when presumed, 61, 62
effect of, on rent due and accruing due, 62

pleading, 63
TELEGRAM,

signature to instructions for, sufficient, 281
TELEGRAPH CLERK,

signature by, 293
TENANCY AT WILL,
constituted by entry under void lease, 13

until rent paid, 14
TENANCY FROM YEAR TO YEAR,

how constituted, 14
by payment of rent with reference to yearly holding, 14
when implied, 15
rebuttal of, presumption, 15
implied covenants under, 19, 20

may be special, 21
determination of, 22
cannot be assigned by parol, 26
surrender of, must be by writing, 42

or by operation of law, 42
effect of ineffectual notice to quit, 42, 43
landlord acting upon, 43
new lease, 47.

See “ NEW LEASE."

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TERM,
of parol lease, commencement of, 11

at future day not within statute, 12
determination of under-tenancy from year to year,

22
taken in execution must be assigned by sheriff, 49
omitted by mistake may be proved by parol, 506

inadvertent omission, 506
omission by consent, 507
plaintiff offering to perform, 508

when parol evidence not admissible, 510
ambiguous, no specific performance, 512

TERMS,
of tenancy under void lease, how regulated, 18

what covenants implied, 19
may be special, 21

See “ COVENANTS."
of contract must appear from writings making up memoran-

dum, 254
must be complete in order to obtain specific performance,

482-484
contradictory evidence as to, 484-487
surrounding circumstances considered, 487
immaterial, need not be proved, 487

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TESTIMONIUM CLAUSE,

signature among words of, 325

TIME,

acceptance of offer must be in reasonable, 262
for performance of contract, parol evidence not admissible to

vary or enlarge, 267

TORTIOUS ACTS,
second clause of fourth section applies to promise to answer

for, 108

TRADE USAGE,

parol evidence admissible to prove, 272

TRANSFER OF DEBT, 103

TRANSFER OF TRUSTS,
must be in writing or by will, 444
ninth section of statute refers to assignments by cestui

que trust, 445
form of instrument, 445

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TRESPASS
when excused by parol agreement for sale, 9

or demise, 10

TRUST,

See “DECLARATIONS OF Trust," “ ResuLTING TRUSTS."

UNCERTAIN INTERESTS,

are interests uncertain as to time of duration, 2

VARIANCE,
between bought and sold notes, 297

See “ AGENT.”

VARIATION,

subsequent, plaintiff offering to perform with, 509

VOID CONTRACTS,

actions in respect of, 156-158
VOID LEASE,
when it may enure as agreement to grant a lease, 16

specific performance, 17
terms of tenancy under, 18
covenants implied, 19-21

See “COVENANTS."

may be special, 21
collateral agreement, 21
determination of term,

22

WARES.

See " Goods, WARES, AND MERCHANDISES."

WIFE,

surrender of lease by, 37

WILL. See ATTESTATION OF Wills ;” “ExecUTION OF Wills;"

"REVOCATION OF WILLS."

66

WITNESS. See “ ATTESTATION OF Wills;" “ EXECUTION OF

Wills:" "ACKNOWLEDGMENT;" “PRESUMPTION;” “CREDI-
BILITY;" SIGNATURE."

"

66

WORK AND LABOUR,

distinction between contract for, and for sale of goods, 188

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