The Law of Contracts, Volumen 2

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W.H. Anderson Company, 1920 - 7808 páginas
 

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Tests for determining validity of contractMalum in se and malum prohibitum
1157
Tests for determining validity of contractPrima facie case of valid ity on part of plaintiff
1158
Presumption as to validity of contract
1159
CLASSIFICATION AS TO SOURCE OF LAW 669 Sources of law concerning subjectmatter
1160
Contracts unenforceable by common law
1162
Classification of contracts opposed to public policy
1165
Standards and development of public policy
1166
Legislative determination of public policy
1171
CHAPTER XXI
1173
General effect of contract in violation of written law
1174
Methods by which written law affects subjectmatterContract made void
1175
Legislative intent in general
1176
Tests for determining legislative intentAct made a crime
1177
Contract to perform act forbidden by written law
1178
Legislative intent controlsStatutes making act crime or forbid ding act
1182
Law imposing penalty
1184
Legislative intent in imposing penalty controls
1186
Penalty imposed for sole protection of one party
1187
Penalty imposed as sole consequence of violation of statute
1190
Law requiring license for protection of public
1192
Practicing profession without license
1193
Engaging in business without license
1195
Contract outside of business requiring license
1196
Repeal of statute requiring license
1197
Law requiring inspection
1198
Contract to violate foreign law
1199
Contract for illegal sale of intoxicating liquor in foreign state
1200
Arrangement of topics
1202
CHAPTER XXII
1203
700 General nature of champerty
1206
Original commonlaw theory of champertyConveyance of realty held adversely
1208
Nature of adverse possession
1211
Conveyances forbidden by rule against champerty
1212
Effect of champertous conveyance as to others
1213
Maintenance and champertyTrend of modern development
1214
Contract with attorney for compensation contingent on amount of recovery
1215
Contract for contingent fees and payment of costs by attorney
1218
Contract for payment of costs by one having interest in subject of action
1221
Contract transferring control of case to attorney
1222
712 Necessity of providing for litigation
1224
Payment of contingent fee by state or public corporation
1225
BarratrySolicitation of business
1226
Effect of champertous contract
1230
Right of adversary party to take advantage of champerty
1232
CHAPTER XXIII
1235
at law
1237
iii
1239
Covenant in advance for arbitration of entire subjectmatter
1240
Contracts for arbitration of particular fact or as condition precedent
1244
Contracts in the nature of compromise and arbitration contracts
1249
Agreements concerning jurisdiction of subjectmatter
1251
Agreements concerning jurisdiction of parties
1254
Contracts concerning procedure and remedies
1255
Waiver of defense in advance
1258
Contract waiving general exemptions in advance
1261
729 Contract waiving homestead and statutory allowance of widow in advance
1263
Contracts extending the period of limitations
1265
Contracts reducing the period of limitationsCommonlaw rule
1267
What amounts to reasonable time in which to sue
1270
Effect of statutory provisions on contracts reducing period of limita tions
1271
Contracts requiring notice of loss
1272
Waiver of provision for notice
1276
Effect of constitutional and statutory provisions on contracts requir ing notice
1277
What amounts to reasonable time for notice
1280
739 Contracts forbidding suit for certain time after loss
1284
CHAPTER XXIV
1285
of commonlaw liability
1286
Reasonable character of modification of commonlaw liability
1288
Contract at common law relieving carrier from liability for negligence
1289
743 State legislation
1295
Federal legislation
1297
Contracts fixing value of goods shippedCommonlaw rule holding contract valid
1304
Commonlaw rule holding contract invalid
1307
Relation between actual value and agreed value
1308
Arbitrary limitation of amount of liability
1309
Construction and operation of limitations on amount of liability
1310
Statutory rulesState legislation 1311
1311
Federal legislation
1313
752 Contracts relieving carriers of live stock from liability
1315
Contracts relieving from liability carriers by water
1317
Contracts relieving carriers of passengers from liabilityReduction in fare
1320
Drovers and caretakers passes
1322
Passengers transported gratuitously
1324
757 Restrictions as to form and use of tickets
1325
Private carrierCommon carrier contracting as private carrier
1327
Contracts of carrier for immunity as against express and sleeping car employes
1329
Insurance by common carrier
1332
Contracts relieving telegraph companies from liability for negligence
1333
Contracts relieving employer from liability to employe for negligence Commonlaw rule
1335
Federal legislation
1339
State legislation
1342
Abutting property owners
1344
Bailor and bailee
1345
Other illustrations
1347
General doctrine of contracts relieving from liability for negligence
1348
Contracts relieving from liability after loss
1349
CHAPTER XXV
1350
trade Common law
1353
tradeStatutory provisionsFederal legislation
1356
State legislation
1359
Contracts in restraint of trade as a means of forming monopoly
1360
Validity of contracts in restraint of tradeInterests to be considered
1361
Attitude of courts towards covenants in restraint of trade
1365
Abstract tests for determining validity of contracts in restraint of trade
1366
Contracts in restraint of tradeVendor and purchaser of business 1367
1367
Contracts in restraint of tradeDissolution of partnership
1371
780 Contracts in restraint of tradeEmployer and employe
1372
Lessor
1374
Contracts in restraint of tradeOther relations
1375
Reasonable character of restraintConcrete applicationsArea less than entire country
1378
Area including entire countryOriginal rule
1382
787 Area including entire countryModern English rule
1384
788 Restraint void if area of restraint in excess of area of business
1386
Restraint void if extending to noncompeting business
1389
Duration of restraint
1390
Scope and effect of covenants not to compete
1394
Restraint upon use of realty
1395
Contracts and covenants in restraint of alienation of realty
1399
Restraints upon use and alienation of personalty
1401
MONOPOLIES 795 Monopolies at common law
1403
Definition of monopoly
1404
797 Elements of monopolyIntent and tendency
1406
Effect on prices and business conditions
1408
799 Statutory restriction of monopolies
1409
Validity and scope of statutory provisions concerning monopoly
1411
S01 Statutory remedies
1415
Forms of monopoly contracts
1418
803 Buying off competition
1419
Dividing territory or customers among competitors or retailers
1421
Leases to competitors
1423
Profitsharing and rebates
1425
Contracts preventing adversary party from dealing with competitor
1427
Community of agency
1429
Exclusive agency
1431
Fixing pricesCompetitors
1432
Fixing pricesProducer and retailer
1434
Contracts fixing prices of patented copyrighted and proprietary articles
1438
Fixing pricesVendor and purchaser
1440
Pooling arrangements
1442
818 Trusts
1443
S19 Holding corporations
1444
Corporation controlling business
1447
Contracts for union labor exclusively
1448
Contracts discriminating against union labor
1450
Discrimination and cutting prices
1451
Nature of article affected by monopoly
1452
825 Trade secrets
1454
Monopoly contracts concerning patents trademarks and copyrights
1456
Contracts for exclusive use of accessories
1458
Contracts for combined action held not tending to monopoly
1460
CHAPTER XXVI
1462
831 History of the law of wager contracts
1465
Wager contracts under modern statutes
1467
Gambling
1468
LotteriesDefinition and nature
1469
LotteriesPayment of value
1470
LotteriesElement of chance
1471
837 LotteriesPrize offered
1473
Prizes for skill etc
1475
Trading stamps and gift enterprises
1476
840 Wager contracts disguised as future salesIn general
1477
Wager contracts disguised as future salesIntention not to deliver
1480
Wagers disguised as future salesCommunity of intention
1482
When intent not to deliver must exist
1483
Contracts for future delivery
1484
Purchases on margin
1486
Options as wagers
1487
CHAPTER XXVII
1490
Insurable interest in ones own life
1492
Insurable interest in life of anotherRelation by consanguinity
1498
De facto relationship
1499
Dependents
1500
Pecuniary relations
1502
Insurable interest under industrial insurance
1505
856 Special estates
1508
857 Equitable owner
1510
Lienors and creditors
1511
859 Bailor
1512
Effect of wager insurance
1513
CHAPTER XXVIII
1517
Contracts to commit other crime
1519
Contract giving interest in death of person
1521
Contract to be performed at death
1522
Contract to commit breach of the peace
1524
Illegal sale of intoxicating liquors
1525
Contract to commit sexual immorality
1527
CHAPTER XXIX
1530
mation
1533
Contracts to defraud the public
1534
Contracts for influencing newspaper policy
1537
Contracts to defraud third persons
1538
Contracts to defraud creditors
1541
Contracts to stifle biddingBidding on contracts
1545
Contracts to stifle bidding at public sales
1546
Contracts concerning bidding not involving fraud
1548
Contracts to stifle bidding at private sales
1551
Contract with agent of other to defraud principal
1552
Contract with agent of another not in fraud of principal
1554
Contract for exercise of secret personal influence by one other than agent
1556
Contract to influence fiduciary
1557
Contracts with reference to corporate interestsIn general
1559
Contract interfering with performance of public duties
1560
Contracts tending to injure interests of minority stockholders
1561
Contracts in violation of statutory and constitutional provisions regn lating corporations
1563
Voting trusts and contracts regulating voting of stock
1568
CHAPTER XXX
1572
Contract to obtain or to retain public office
1576
Contract for personal influence at other elections
1579
Contract for performing legal duty or changing legal rate of compen sation
1583
Promise to public to accept less than legal compensation
1586
Contract by officer in excess of legal duty
1587
895 Contracts of fiduciaries waiving fees
1588
Contract with state or public corporation for honest influence upon public action
1592
899 Contract not involving personal influence
1593
Contract involving personal influence or private solicitation
1595
901 Employment by state or public agency
1598
Contracts for influencing official action which are ambiguous as to method of performance
1599
Influence of governmental action as primary or incidental purpose of contract
1600
Contracts between private persons dealing with public improvements
1603
Contracts dealing with public improvementsPublic buildings
1606
Contracts with government for location of public improvements
1608
Contracts interfering with public duties of common carriersGeneral nature
1610
909 Contracts concerning location of tracks and switches
1612
Contracts concerning location of depots
1613
Common carrier contracting as private carrier
1618
Contracts fixing rates
1619
914 Combinations of carriers
1620
Grant by carrier of exclusive privileges to sleeping car express etc companies
1621
Contracts in violation of public dutyTelephones and telegraphs
1622
Contracts interfering with the public duties of other public service corporations
1623
Contracts concerning criminal prosecutions
1625
Contracts for restitution
1629
921 Effect of innocence of accused
1632
Contract to secure pardon
1634
Contracts concerning proceedings for adjudication of status
1635
Contract for obtaining evidence
1636
Effect of financial inducement tending to influence character of evi dence
1637
Contract for suppressing evidence
1640
Contracts limiting the exercise of the police power or the power of taxation
1641
CHAPTER XXXI
1643
Contracts in restraint of marriage
1644
Marriage brocage contracts
1648
Contracts concerning duties of husband and wife
1650
Contracts with reference to domicile
1652
Contract upheld if interest of child requires
1655
Comparison of theories
1656
Contract for custody of adult child
1657
Contracts concerning separationImmediate separation
1659
Contracts for maintenance and support
1664
Continuance of existing separation
1666
Contracts for obtaining or facilitating divorceContracts between husband and wife
1668
Contract by married person to marry another
1671
Contract between attorney and client facilitating divorce
1673
Contracts in contemplation of divorce but not facilitating it
1674
Contracts concerning alimony
1675
Contracts interfering with liberty of promisor
1677
CHAPTER XXXII
1681
Contracts for setting will aside by consent
1683
Other rights in decedents estates
1685
CHAPTER XXXIII
1687
Sunday contracts at modern lawContracts made on Sunday
1688
Forms of statute making Sunday contracts invalid
1690
What constitutes a Sunday contract
1692
Contracts to be performed on Sunday
1694
Performance on Sunday
1695
Works of necessity and mercy
1696
CHAPTER XXXIV
1698
Usury as affected by legislation in the United States
1701
Nature of usuryDefinition and presumptions
1703
Nature of usuryLoan of money
1704
Nature of usuryNecessity of contract
1706
Intent as element of usury
1708
Mistake in expression or in computation as affecting usury
1709
Mistake of law as affecting usury
1711
Intent as element of usuryMutuality of intention
1713
Nature of usuryHigher rate of interest than that fixed by statute
1715
Nature of usuryMethod of determining amount of loanBy whom usury may be paid
1716
Contingent payment of principal
1718
Contingent payment of interest
1719
Premature or accelerated payment
1721
Excessive rate of interest after maturity
1723
DISGUISED FORMS OF USURY 974 Disguised forms of usuryIn general
1726
Interest included in nominal principal
1727
976 Additional note for interest
1728
979 Rate of interest of other state 1729 1
1729
Interest payable at short intervals
1732
Payment of principal in installments 1734 T 983 Antedating note
1735
Interest on interest
1736
Sales as usurious contractsGenuine sales
1738
Sales as disguised usuryBorrower as purchaser
1739
Sales as disguised usuryBorrower as vendor
1740
Purchase of note
1742
Building and loan association contracts
1744
990 Contract for work and labor
1747
Commission of commission agents
1748
Commissions of agent of borrower
1749
Commissions of broker
1751
Knowledge or ignorance of principal that his agent is charging com mission
1753
996 Commissions of agent of lender shared with lender
1756
Agency a question of fact
1757
999 Expenses of making loan
1758
1000 Taxes
1760
Expenses of collection
1761
Loan of credit
1762
Partnership and sharing profits
1763
Rent
1764
Executory contracts for payment of usury
1765
1008 Executory contracts under National Banking Act
1768
Terms of relief
1769
Estoppel to plead usury
1771
Judgments on usurious contracts
1773
1013 Legal representative of debtor
1774
Parties liable collaterally on usurious debt
1775
Creditor holding usurious debt
1778
Grantee or assignee of debtorCovenant to assume and pay usurious debt
1780
In absence of covenant to assume and pay usurious debt
1784
Other parties
1786
CHAPTER XXXV
1787
Illegal contracts in equitySuit for rescissionNegotiable instru
1788
covenants
1790
Action upon illegal covenant or on covenant upon illegal considera tionGeneral principles
1791
Action upon illegal covenant or on covenant upon illegal considera tionSpecific illustrationsWager contracts
1796
Monopoly contracts
1797
Other classes of contract
1799
Action upon void covenant or on contract containing on one side single void covenant
1800
Action on void covenantEffect of performance of valid covenants
1802
Effect of performance of void covenant which is consideration for valid covenant
1803
Effect of contract containing two covenants one only being illegal In general
1805
Distinction between severable and inseverable illegal covenants Illustrations of severable covenants
1809
Entire contractConsideration not apportioned
1812
Illustrations of nonapportioned considerations
1815
Entire contractIllegal intent underlying all covenants
1819
Performance of illegal covenantRecovery on valid covenants
1822
Effect of contract containing two covenants one only being void General principles
1823
Specific illustrationsCovenants in restraint of trade
1825
Other covenants
1828
Negotiable instruments given under wager contracts
1850
Judgments upon gambling contracts
1853
Negotiable usurious instruments
1854
Necessity of pleading illegality as a defenseIn general
1855
Necessity of pleading illegality as a defenseCommonlaw pleading 1857
1857
Necessity of pleading illegality as a defenseReformed procedure Illegality disclosed by defendant
1858
Necessity of pleading illegality as a defenseThe reformed procedure Illegality disclosed by plaintiff
1861
Right of third party to interpose defense of illegality
1865
Illegal contracts in equitySuit to enforce contract
1866
Equitable relief to prevent making illegal contract
1868
Illegal contracts in equitySuit for rescissionContract under seal
1869
ment
1873
Illegal contract in equitySuit for rescissionSpecific types of con tract
1874
CHAPTER XXXVI
1878
eral
1879
Tests suggested for determining right to recover in quasicontract
1883
Distinction between malum prohibitum and malum in se
1885
Sunday contracts
1886
Contracts to influence official conduct or conduct of agent
1887
Contract for stifling criminal prosecution
1889
Other contracts
1890
Illegal contract as defense
1893
Collateral Hability on illegal transaction
1894
Where recovery allowedStatutory ruleIn general
1897
Wager contractsIn absence of statute permitting loser to recover
1898
Amount which may be recovered
1901
Who may recover losses
1903
Where recovery allowedStatutory ruleOther types of contract
1904
Recovery of payment of usurious interestTheory that payment is under compulsion
1905
Amount of recovery
1908
Time for recovering payment of usurious interest
1909
Demand for repayment of usurious interest
1910
Recovery of payment of usurious interestTheory that payment is voluntary
1911
Recovery of payment of usurious interest under National Banking Act
1912
Application of payments of usurious interest
1915
1087 By whom payment of usurious interest may be recovered
1918
From whom payment of usurious interest may be recovered
1919
Equitable relief after performance of illegal contract
1920
Parties not in pari delictoMistake fraud etc as to act involving illegality
1922
Mistake fraud etc as to law involving illegality
1924
denied
1925
allowed
1928
Illegal contract induced by duress or undue influenceGeneral prin ciples
1931
Illegal transaction caused by duress
1932
Illegal contract induced by undue influence
1933
Violation of law intended for protection of party seeking relief
1935
Principals money expended in illegal transaction by unauthorized agent
1936
Rights independent of illegal transaction
1937
Locus poenitentiaeIn general
1938
Locus poenitentiaeRecovery of fund from agent or bailee
1940
CHAPTER XXXVII
1944
Ignorance of illegal intent
1948
Collateral contract requiring illegal act
1949
Collateral contract intended to aid illegal act
1953
Mere knowledge of illegal intentCrime of great magnitude
1955
Mere knowledge of illegal intentCrime of small magnitudeGen eral principles
1956
Mere knowledge of illegal intent held not to affect contract
1958
Mere knowledge of illegal intent held to invalidate contract
1962
Property used for illegal purposes
1964
Illustration of foregoing principlesContracts aiding sexual immo rality
1967
Loans to pay off usurious debt
1970
Partnership in an illegal contractAccounting refused
1972
Partnership in an illegal contractAccounting allowed
1975
Partnership in an illegal contractAccounting for distinct items
1977
Agency in illegal contractsRight of principal to recover payments to agent by principal
1981
Agency in illegal contractsRight of agent to recover for advances or for compensation
1983
Cases outside of agency
1985
Right of third person to attack monopoly contract
1989
Party to collateral contract containing monopolistic provisions
1993
Property rights acquired illegally
1994
Illegal transaction inoperative to transfer property rights
1995
Contracts of indemnityGeneral principles
1996
Indemnity to public officer
1998
1130 Contracts collateral to void contracts
2001
CHAPTER XXXVIII
2003
Contract actions for contracts of record
2005
Meaning of specialty
2007
Judgments classed as contracts of record
2008
Judgment not founded on agreement
2009
Conclusive effect of judgment in general
2010
Conclusive character of judgments on demurrer judgments of dis missal and interlocutory judgments
2012
Parties as to whom judgment is conclusiveParties to litigation in different capacities and relations
2013
Parties claiming under parties to litigation
2014
Parties represented in litigation
2015
Strangers to litigation
2017
Facts as to which judgment is conclusive
2019
Conclusive character of judgment rendered on defective pleadings
2022
Conclusive character of judgment as affected by want of jurisdiction
2024
Collateral attackJudgment of court having jurisdiction
2025
Collateral attackJudgment of court not having jurisdiction
2026
Judgments held not to be contracts
2028
Judgments as affected by impairment of obligation of contract
2029
Remedies given on judgments
2030
Judgments classed as contracts in matters of procedure
2031
Judgment as affected by statute of limitations
2033
Recognizances
2035
Remedies given upon recognizances
2037
Statute merchant and statute staple
2038
Other contracts of record
2039
CHAPTER XXXIX
2040
What constitutes a seal
2042
1158 Adoption of seal
2044
Necessity of seal in contract of corporation
2045
160 Signature of sealed contract
2048
Date of contract under seal
2051
Effect of seal at early common lawIn general
2052
Effect of seal on negotiability
2054
1167 In equity
2056
Under modern statutes
2057
Extrinsic evidence in sealed contracts
2059
Incomplete contracts under seal
2060
Adding party to sealed contract by extrinsic evidence
2061
Modification of contract under seal by subsequent agreement
2062
CHAPTER XL
2065
FORM OF CONTRACT 1173 Written contracts in general
2066
What materials may be used
2067
Effect of signature
2071
Place of signature
2072
Form of signatureName
2073
1179 Mark
2074
Signature by another
2075
Adoption of signature
2077
Date
2081
Witnesses
2082
DELIVERY 1185 Nature of delivery
2083
Necessity of delivery
2084
Elements of delivery
2085
Recording as delivery
2087
Effect of redelivery
2088
Nature of delivery in escrowNecessity of valid contract
2089
Deposit of deed to realty in escrow under oral contract
2091
Control of grantor or obligor
2093
1195 Rights of parties when delivery is in escrow
2095
Necessity of second delivery in escrow
2099
Fiction of relation to original delivery in escrow
2100
Who can be depositary in escrowObligor
2102
Unauthorized delivery by coobligor
2103
Agent of obligor
2105
Agent of obligor taking in different capacity
2106
Depositary representing both obligor and obligee
2108
Agent of obligee
2109
Agent of obligee in different capacity
2110
ObligeeTheory that he can hold simple contract in escrow
2111
ObligeeTheory that he can not hold simple contract in escrow
2113
Contracts under seal delivered to obligee in escrow
2114
EFFECT OF REDUCING CONTRACT TO WRITING 1208 What constitutes the terms of a written contract
2116
Validity of oral contracts of this class
2117
Incomplete written contracts
2118
CHAPTER XLI
2120
METHODS OF SATISFYING THE SEVENTEENTH SECTION OF THE STATUTE OF FRAUDS
2123
PAGE
2124
The fourth section of the statute of fraudsDate of enactment
2125
Statute not retroactive
2127
Statute as part of our common law
2129
SPECIAL PROMISE OF EXECUTOR OR ADMINISTRATOR 1215 Special promise of executor or administrator to answer damages out of his own ...
2130
Executor primarily liable
2131
Contract by heir or devisee who is also executor
2132
SPECIAL PROMISE TO ANSWER FOR THE DEBT DEFAULT OR MISCARRIAGES OF ANOTHER 1218 Scope of clause
2133
Special promise not including fraudulent representations
2136
Debt default or miscarriagesTort liability
2138
Theory that continued existence of original debt is test
2139
Theory that independent liability of promisor is test
2140
Theory that new consideration for benefit of promisor is test
2141
Theory that object of special promisor is test
2143
Special statutory provision as to promise on consideration beneficial to promisor
2146
Comparison of theories
2148
Essential features of this clause in general
2149
Necessity and effect of consideration
2151
Effect of sole liability of promisor
2152
Effect of independent liability of party receiving benefit
2154
Promisor must incur liability on debt of other
2156
Of another personCorporation and stockholders
2157
Of another personPersons closely related
2158
Promise to pay ones own debt
2159
Assumption of debt of other
2160
Guaranty as part of contract of assignment
2164
Promise to pay out of debtors funds
2165
Promise to accept order or draft
2167
Del credere agency
2168
Promise to discharge liens
2169
Discharge of liabilityNovation
2171
Promise to answer for antecedent liability
2173
Promise to answer for contemporaneous liability
2175
Application of foregoing rules to building contracts
2177
Contracts of indemnity
2179
AGREEMENTS IN CONSIDERATION OF MARRIAGE 1250 Agreements in consideration of marriage
2182
CONTRACT OR SALE OF LANDS TENEMENTS OR HEREDITAMENTS
2183
Scope of clause
2185
Duration of estates included in this clauseFreeholds
2186
Possessory rights and land certificates
2190
Equitable estates
2191
Express trusts
2192
1259 Implied trusts
2195
Creation of mortgage or lien by contract
2197
Lien created by operation of law
2198
1263 Contract for reconveyance of mortgaged realty
2200
Contracts for redemption of mortgaged realty
2201
Release of equity of redemption
2202
Release or assignment of liens
2203
Contract to acquire legal title to protect existing interest
2204
Partnership realty
2206
Contracts to convey partnership realty
2211
Easements
2212
Party walls
2215
Contracts for licenses
2217
Fixtures
2219
Trees
2221
Growing crops
2222
Contracts for work on realty
2223
Contracts to convey realty
2224
Contracts to devise realty
2226
Releases
2227
Reservations
2228
Conveyance under contract to reconvey to grantor
2231
Contract to pay commission to agent for sale of realty
2232
Public extrajudicial and judicial sales
2234
Effect of variation in statute
2235
CONTRACTS NOT TO BE PERFORMED WITHIN THE SPACE OF ONE YEAR FROM THE MAKING THEREOF 1291 Subjectmatter included
2236
General scope of clause
2237
Contracts passing present right
2239
Contracts to be performed on one side within the year
2240
Contracts to last a year from a future date
2242
Contract to last a year from a future act which requires appreciable time for performance
2244
Computation of the year
2245
Contracts which can not be performed within the year
2247
Contracts to be performed witl in a given time
2249
Time of performance indefiniteMay occur within the year
2250
Performance on happening of uncertain event which may occur with in the year
2251
Contracts to be performed during life or at deathGeneral nature
2252
Affirmative covenants discharged by death of party
2254
Negative covenants discharged by death of party
2256
Contracts to be performed during life or at deathSpecial statutory provisions
2257
Performance on happening of uncertain event which can not reason ably happen within the year
2258
THE SEVENTEENTH SECTION OF THE STATUTE OF FRAUDS 1310 The seventeenth section
2260
What is a contract of sale
2261
Contract for work and labor or services
2264
Contract of sale distinguished from contract for work and labor
2265
Contract to improve realty
2268
METHODS OF SATISFYING THE FOURTH SECTION OF THE STATUTE OF FRAUDS 1316 When memorandum must be madeBefore actionIn ...
2270
Contracts in consideration of marriage
2272
After action
2274
Undelivered instrument as memorandum
2275
Form of memorandum
2278
Memorandum consisting of several writings
2281
Necessity of signature
2286
Place of signature
2288
The party to be charged therewithParty against whom enforcement is sought
2289
Theory that party to be charged means vendor
2292
Theory that party to be charged means both parties
2293
Special statutory provisions as to party by whom contract is to be signed
2294
Authority of agent to signForm of authority
2295
Nature of authority
2297
Ratification of unauthorized agency
2301
Form of signature by agentAdding party by extrinsic evidence
2302
Elements of memorandum in generalIncomplete memoranda
2304
Terms supplied by law
2306
Memorandum must show existence of contract
2307
Memorandum not intended as written evidence of contract
2309
Memorandum must show parties to contract
2310
SubjectmatterRealtyIn general
2311
Indefinite description in general
2314
Description by area only
2315
Description by ownership etc and location
2316
Description by title
2317
Omission of city county etc
2318
Description left for future agreement
2319
Consideration
2321
Price and terms
2323
What is statement of consideration
2325
Memorandum showing all terms sufficient
2328
Methods of satisfying the seventeenth section
2330
Part payment
2332
Earnest
2334
Acceptance and receiptNecessity of both
2335
Receipt 233S
2339
Acceptance
2340
Acts of vendor as receipt and acceptance
2341
Delivery to common carrier as receipt and acceptance
2342
Retention by purchaser or vendor of prior possession
2343
Time at which receipt and acceptance and part payment must be made
2344
EFFECT OF COMPLETE PERFORMANCE OF CONTRACTS WITHIN THE FOURTH SECTION OF THE STATUTE OF FRAUDS 1363 Complete...
2346
Complete performance on one side leaving no executory promise within the statuteGeneral principles
2347
Specific applicationsContract for sale of lands
2349
Special promise to answer for debt of another
2352
Contract to pay commission to broker
2354
Complete performance on one side leaving executory promise within the statute
2356
EFFECT OF PART PERFORMANCE OF CONTRACTS WITHIN THE FOURTH SECTION OF THE STATUTE OF FRAUDS 1371 Part performance
2358
Is part performance a doctrine of equity alone?
2362
What acts constitute part performance
2364
Part performance as applying to contracts for the sale of realty
2367
Change of possession payment of consideration and erection of valu able improvements
2368
Payment of purchase price as an essential element of part perform ance
2369
Change of possession and payment of consideration
2370
Change of possession and erection of valuable improvements
2371
Change of possession
2373
Elements of change of possessionRetention of possession
2374
Possession referable to contract
2377
Exclusive possession
2378
Detriment to vendee or vendor
2379
Contracts locating boundaries
2381
Acts of part performance not involving possession of realtyActs for which compensation in money can not be made
2383
Acts for which compensation in money can be made
2388
Payment of considerationUnder original fourth section of statute of frauds
2389
Payment of considerationUnder special statutory provisions
2390
Omission to act as part performance
2391
Part performance as applied to contracts not to be performed within the year
2392
Part performance as applied to contracts in consideration of marriage
2394
Part performance as applied to contracts to answer for the debt of another
2395
EFFECT OF NONCOMPLIANCE WITH STATUTE 1 1396 To what classes of contract the fourth section of the statute applies
2396
Application of statute to estoppel in pais
2397
Whether contract is voidGeneral principles
2399
Under statute providing that oral contract is void
2403
Under statute providing that oral evidence is inadmissible
2405
Whether contract is voidable
2407
Contract unenforceable
2408
Statute of frauds a rule of evidence
2411
Effect of consideration for contract
2412
Extrinsic evidence admissible if explanatory
2414
Extrinsic evidence admissible to identify writing
2415
Extrinsic evidence inadmissible to show collateral contract
2416
Oral modification or discharge of contract
2417
Right of party not in default to recover a reasonable compensation
2421
Right of party in default to recover a reasonable compensation
2426
Nature of right
2429
Amount of recoveryBasis of estimating benefits
2430
Amount of recoveryContract rate as basis
2431
Methods of taking advantage of statute
2432
Necessity of pleading facts to show compliance with statute
2434
Demurrer
2436
General denial
2437
1422 Pleading statute as special defense
2439
Failure to plead general denial or special defense
2440
Objection to admission of oral evidence
2441
Severable and inseverable contracts
2442
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