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TABLE OF CONTENTS.
CHAPTER I.
How the Law Came to Us.
The Origin of Law-Common Law-Statute Law-Judicial Decisions
-Courts of Law and Courts of Equity-Terms Used to Designate Par-
ties to a Suit-Method of Arrangement of Topics in this Work....17-22
CHAPTER II.
Definition and Nature of a Contract.
Definition-The Agreement-Oral and Written Contracts-Sealed
Contracts-How Contracts may be Made By Speech, Signs, Letters,
Telegraph, Formal Written Documents, etc.-The Intent Important—
Express and Implied Contracts-Three Ways by Which Contracts May
be Implied by Facts-Contracts Implied by Law-Conditions in Con-
tracts and their Effect-Conditions Precedent and Conditions Sub-
sequent.... ..23-31
CHAPTER III.
The Consideration for a Contract.
The Absolute Importance of a Consideration-Definition of Consid-
eration-A Gift as Distinguished from a Contract-Consideration Implied
by a Seal-Consideration Implied in Negotiable Paper-Consideration
Must be Valuable and Lawful-Various Kinds of Considerations-Implied
Considerations....
CHAPTER IV.
The Assent of Parties to a Contract.
32-87
Importance of Assent-Assent Must be Mutual and Concurrent-
It Must not be in Jest nor under a Mistake of Fact-Mistake of Law
no Excuse-Mistakes as to Identity and as to Quality-Leasing House
Unfit for Occupancy, Furnished and Unfurnished-Contract Invali-
dated by Fraud-Essentials of Fraud in the Legal Sense........38-46
CHAPTER V.
Competency of Parties to a Contract.
Infants or Minors-Age of Majority-Infants' Voidable Contracts-
Giving Credit or Loaning Money to Infant-Labor Performed by, or for
Infant-Who May Set up Defence of Infancy-May Ratify Voidable
Contracts at Majority-Emancipation of Infant--Infant's Binding
Contracts-Necessaries or Luxuries-Marriage and Promise to Marry-
Infant's Responsibility for Torts and Crimes-Competency of Married
Women to Contract.. .47-55
CHAPTER VI.
Competency of Parties, Continued.
Lunatics or Insane People-Intoxicated Persons-Spendthrifts-Ex-
ecutors. Administrators and Guardians-Agents-How to Create an
Agency-By Oral Instructions, Power of Attorney, or Implication
from Acts How to Terminate an Implied Agency-Extent of Agent's
Authority-General Agents and Special Agents-The Child as Agent
of His Father-Termination of a Child's Agency-Separation by Fault
of Father, or of Child, or by Mutual Consent...
CHAPTER VII.
.56-63
The Wife as Agent of the Husband-Extent of Her Agency-Notice
of Termination of her Agency-Effect of Separation of the Parties-Arti-
cles of Separation-Presumption of Marriage and Agency-Support of
Wife as Pauper-Decisions in Different States-Opinion of the Court in
a Leading Massachusetts Case-What is Included under the Term Nec-
essaries... .64-71
CHAPTER VIII.
Agency Continued-How Agent's Contracts Should be Made to
Bind the Principal-In Regard to Sealed Instruments and Negotiable
Paper-Principal May be Liable for Agent's Fraud-For his Torts-
For his Crimes-Termination of an Agency..
CHAPTER IX.
Competency of Parties, Concluded.
.72-75
Partners Partnership Defined-Division of Profits and Losses-Test
as to Partnership-Test as to Third Persons-Limited Partnership—
Agreement Should be Clear and Distinct-Secret or Dormant Partners-
Minors and Married Women-How a Partnership May be Formed
Rights of a Partner-Dissolution of a Partnership-Effects of Dissolu-
iton by Death-Application of Property to Debts, both of the Firm and
of Individual Members-Corporations...
CHAPTER X.
Impossible and Illegal Contracts.
...76-86
Impossible Contracts-What Constitutes Legal Impossibility-Im-
moral Contracts-Unlawful Contracts-Contracts in Restraint of
Trade-Contracts Restraining or Promoting Marriage-Contracts to
Purchase a Public Office-To Give Extra Pay for Performance of a
Legal Duty-Contract to Compound a Crime-Contracts Unlawful
by Statute-Usurious Contracts-Sunday Contracts-Sunday Travel.
..87-94
CHAPTER XI.
Commercial Paper.
Definition of a Promissory Note-Terms Used to Designate the Par-
ties, etc.-Discounting a Note-Indorsement-Transfer by Delivery—
Definition of a Bill of Exchange-Acceptance-Foreign and Inland Bills
-Definition of a Check-Essentials of Negotiable Paper-Three Pecu-
liar Characteristics of Commercial Paper-The Presumption of a Consid-
eration-Who is a Bona Fide Holder for Value-Negotiability-Days of
Grace....
.95-104
CHAPTER XII.
Commercial Paper, Concluded.
Interest-Usury Laws-Responsibility of Indorser- Presentment
for Payment-Accommodation Paper-Defences Against Suit on Com-
mercial Paper-No Consideration-Holder Affected with Notice of
Equities-Stolen Note-Note Stolen Before Delivery - Forged Note--
Notes or Bills Void by Statute-Material Alteration of a Note or Bill ---
Overdue Paper....
CHAPTER XIII.
Guaranty-Suretyship-Bonds.
...105-113
Guaranty Defined-Distinction Between Guaranty and Suretyship-
Guaranty or Suretyship-Must Usually be Written--Alteration of the
Contract Discharges Guarantor-Guaranty or Surety on a Promissory
Note-Rights of a Guarantor or Surety-Consideration for a Guaranty--
Negotiability of Guaranty-Surety's Responsibility--Bond Defined-
Sureties or Collateral Securities on Bonds.. .114-120
CHAPTER XIV.
Assignment-Attachment-Garnishment, etc.
Assignment of Claims-Assignment for Benefit of Creditors in Insol-
vency-Assignment of Insurance Policy and of Mortgages-Collection
of Debts--Arrest for Debt-Attachment of Property for Debt-Gar-
nishee or Trustee Process-Exempted Property-Homestead Exemptions
-Tender of Money Due-Receipts for Money Paid-Release of all
Claims and Demands, etc... ...121-128
CHAPTER XV.
Various Ways of Transferring Property.
Transfer by Gift-Transfer in Fraud of Creditors-Gifts in Prospect
of Death-Loaning Personal Property-The Care to be Taken of Loaned
Property-Test as to Degree of Care-Pawn or Pledge of Personalty
-Letting or Hiring Personalty-Property Intrusted for Repairs, etc.
.129-135
CHAPTER XVI.
Various Ways of Transferring Property, Continued.
Responsibility of Innkeepers and Hotel Proprietors for Property
Intrusted to Them-Keepers of Lodging or Boarding Houses and Their
Responsibilities-Lien on Luggage, etc.-Responsibilities of Common
Carriers-Liability to Passengers-Liability for Luggage-Ejection of a
Trespasser-Transfer of Property by Act of the Law-By Descent and
Distribution-By Marriage, Insolvency or Judicial Decree-Original Ac-
quisition of Property Transfer of Property by Finding-Property
Gained by Intellectual Labor-Patents-Copyrights..... .136-144
CHAPTER XVII.
Transfer of Property by Sale.
Definition of a Sale-Conditional Sales-To be Returned if not Sat-
isfactory-Conditions as to Kind-Conditions in Favor of Seller-Sale
"With All Faults"-Sales on Installments"-Warranties-Consider
