DEBT, acknowledgment of, does not require a stamp, 168. mode of assignment of, 728. barred by Statute of Limitations, promise to pay, is binding, 30 what is proveable under a bankruptcy, 195, 703. DECEIT, barred by bankrupt's discharge, promise to pay invalid, 194. accord and satisfaction cannot be pleaded to, before breach, 645. authority to agent to execute, how conferred, 254. as escrow, 4, 143. estoppel by, 5. by recitals in, 6. lease, when to be by, 338. limitation of action on (20 years), 679. merger of simple contract by, 6. parol evidence of fraud, illegality or duress admissible to defeat, 143. poll and indenture, distinction between, 128 (q). release by, when necessary, 652. sealing, 3, and 652 (t). stamping of, 147. surrender, when to be by, 350. DEFENCES TO ACTIONS ON CONTRACTS, Ch. XXIII. p. 628. DELIVERY, of bill of exchange, essential, 457. of deed, as an escrow, 4. necessity of delivery, 3. of writ of execution, binds goods from time of delivery, 373. DELIVERY OF GOODS, meaning of term in Sale of Goods Act, 362. of deliverable state," 363. by carrier, what sufficient, 413. carrier not responsible for non-preventible delay in, 410. passenger's luggage by railway co., 438. pledge, essential to, 593. under Sale of Goods Act, offect of, 374. distant place, risk where delivery at, 376. instalment deliveries, 375. payment and delivery, concurrent conditions, 374. place and time of delivery, 374. quantity, wrong, effect of, 375. to carrier, delivery to buyer, 375. DEMAND, covenant to pay money upon, how construed, 117. effect of refusal of prior or subsequent, upon tender, 667, 672. of performance, when necessary, 613. DEMISE. See LEASE. contract for future, 337. deed necessary to, for three years or more, 338. from year to year, effect of, 340. operation of word, in creating covenant for quiet enjoyment, 43, 48. parol, for less than 3 years, liability of lessee under, 338. DEMURRAGE, implied contract for, captain cannot sue on, 277 (h). DENOTING STAMP, document bearing, cannot be objected to as being improperly stamped, 162. DENTISTS, unless registered, cannot sue for fees, 516. DEPOSIT, action to recover, on sale of land, 332, 336. vendor liable for, 335. when auctioneer liable for, 336. liability of stakeholder in action for, 74, 75, 599. of 66 cover " with stockbroker for gambling, 396. of goods with innkeeper expressly for safe custody, 401. of money with banker, in the ordinary way, is money lent, 538. right to recover, may be barred by Statute of Limitations, 538. of plate, &c., with banker, 391, 538. stamp not required on receipt for, 755. DESTRUCTION. And see Loss. of goods before sale, unknown to seller, 365. after agreement for sale, 365. of premises, does not discharge lessee from covenant for repair, 347. DEVOLUTION OF CONTRACT. on personal representatives, 312, 730. on trustees in bankruptcy, 213. DIFFICULTY OF PERFORMANCE OF CONSIDERATION. And see PER- distinction between impossibility and, 36 does not avoid contract, 36. DIRECTLY, meaning of this word in contracts, 115. DIRECTORS OF COMPANY, disqualified by interest in contract, 291. liabilities of, on prospectus, 290, 292. prospectus not disclosing, fraudulent, 290. ratification of ultra vires act of, 294. when company liable for contracts ultra vires made by, 294, 295. DISCHARGE. See RELEASE. of bankrupt, effect of, 194. of covenant by act of God or the law, 616. DISCOURSE, no contract by mere affirmation in, 9. DISTRESS FOR RENT, action against landlord to recover overplus arising on sale of, 89. action against tenant to recover money paid by third party, whose goods have been seized under, 52. costs of distress, 346. damage feasant, action in respect of, 89, distress by certificated bailiff, 345. exemptions from, 345. nature of the remedy, 345. recovery of money paid to avoid, 52. sale of distress, 345. what may be distrained, 345. DIVIDENDS, saving for dividend warrants, in Bills of Exchange Act, 453. DIVORCE, agreement by adulterer to prevent petition for, void, 576. effect of, on man's liability for subsequent contracts of woman, 229. proceedings by wife for, husband's liability for costs of, 242. DOCK OWNERS, liability for goods stored, 398. DOCTOR. See MEDICAL MAN. implied contract of, not to disclose patients' secrets, 505, 507. "DOCUMENT OF TITLE" TO GOODS, definition of, in Factors Act, 266 (m). incorporated in Sale of Goods Act, 362. powers of agent intrusted with, under Factors Act, 266. DOGS, special contracts by railway companies for carriage of, 420. legal proceeding, threats of, 198. marriage, avoidance of for, 503. parol evidence of, admissible to defeat written contract obtained by, 143. salvage contracts, 201. undue influence not amounting to, equity will set aside agreement for, 200. E. EARNEST, effect of, as to vesting property in goods of 107. value in vendee, 364. EDITOR, bailee of articles sent liable for negligence, 391. of periodical, liability of to contributors, 391, 550. EDUCATION, an infant may enter into a valid contract to pay for his own, 177. a promise to release, is a sufficient consideration, 28. agreement to convey equity of redemption, must be in writing, 324. for setting aside agreement obtained by undue influence, 200. unconscionable bargain, 562. rectification by of contract, where common mistake, 732. EQUITABLE DEFENCES, 699, 704. under s. 24 of Judicature Act, 704. ERROR. See MISTAKE. effect of, in particulars of sale of land, 321. in delivery of goods sold, 375. ESCROW, delivery of deed as an, 4. parol evidence admissible of signing of written instrument as, 143. ESTATE" FOR LIFE," grant of, means for life of grantee, 128. ESTOPPEL, by deed, 5. by recital, 6. by judgment, 2, 3. married woman, none against, 223. nature of the doctrine of, 5, 6. does not apply to simple contracts, 7. admission in, presumptive evidence, 7. of shareholders by acquiescence in unauthorized act of directors, 295. EX ANTECEDENTIBUS ET CONSEQUENTIBUS FIT OPTIMA INTER- |