carrier of goods has no authority to accept, 215 defeasible contract taken out of statute by acceptance, 216 distinction between "acceptance" and "receipt," 217 test of receipt whether vendor's lien remains, 217 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 part payment, 226 SAMPLE, of goods, acceptance of. See "ACCEPTANCE.” SATISFACTION, evidence of, 390 SEAL, when destruction of revocation, 386 SEALING, not sufficient in case of will without signing, 308 SECOND WILL, existence of, not alone revocation, 367 SEPARATE DOCUMENTS, parol evidence not admissible to connect, 265 SEQUESTRATOR, surrender to, 38 SETTLEMENT, post-nuptial, in pursuance of ante-nuptial verbal agreement, SHARES IN COMPANY, when interest in land, 147 not goods, wares, or merchandise, 150 equitable mortgage by deposit of, 162 SIGNATURE, not necessary to deed, 10 of will. See "ATTESTATION OF WILLS;" "EXECUTION OF WILLS." SIGNATURE OF MEMORANDUM, need only be by party to be charged, 275 whether approval of draft agreement or conveyance by parties of will. See "EXECUTION" and "ATTESTATION." of declaration of trust must be by beneficial owner, 427 to contract, parol evidence admissible to prove, 271 SOLDIERS' AND MARINERS' WILLS, provisions of Statute of Frauds as to, 412 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 SPECIFIC PERFORMANCE, of agreement containing words of present demise, 17 of covenant in bond or deed suspended during marriage, 122 See "MARRIAGE." SPECIFIC PERFORMANCE-continued. position of parties must be altered, 462 acquiescence, 462 acts of, must be unequivocal, not introductory or ancillary, 463 part payment of purchase money not, 464 nor payment of all, 465 effect of part payment on executory contract, 465 express assent not necessary, 466 either party may enforce agreement, 467 under terms of lease not, 468 acquiescence in effect of, 468 parol contract by tenant for life under power, remainder- whether change of residence sufficient 470 acts of, must be referable to an agreement, 471-474 unless accompanied by acts referable to agreement, 475 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- surrounding circumstances considered, 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 defendant, 493 where no statement of defence required, whether statute may pleaded orally at the hearing, 493 demurrer, 494 be 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 SPECIFIC PERFORMANCE-continued. rule of law as to admissibility of parol evidence on behalf of a when parol evidence admitted on behalf of defendant resisting fraud, mistake, surprise, 498, 502 grounds upon which parol evidence not admitted on behalf of whether admissible on behalf of plaintiff when objection parol variation of written contract may be enforced where part term omitted by mistake may be proved by parol by defendant, inadvertent omission, 506 mistake must be clearly proved, 507 term omitted by consent, 507 parol evidence admissible to prove promised alterations, 507 508 subsequent variation plaintiff offering to perform, 509 when parol evidence not admissible to add omitted term, terms ambiguous specific performance refused, 512, 514 STAMP, on surrender, 36 agreement relating to sale of goods, &c., does not require, 139 signature to memorandum may be impressed by, 280 STIPULATIONS OF CONTRACT, when parol evidence admissible to prove, 264 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 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, See "SPECIFIC PERFORMANCE." SURRENDER, of leases, &c., to be by deed or note in writing, or by act or 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 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 to whom made, 37 who may make, 37 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 tenancy from year to year surrender of, 42, 43 |