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USURY. (See Interest).

statutes in respect of, 12 Anne; 58 Geo. 3, c. 93; 3 & 4 Will. 4, c. 98;
5 & 6 Will. 4, c. 41; 7 Will. 4 & 1 Vic. c. 80; 2 & 3 Vic. c. 37.. 699,
&c.

repealed as to bills and notes having less than twelve months to run, id.
contract for loan under 101. exempted from, 700.

note payable on demand within statute, 701.

taking collateral security, loan or bill, &c., not affected, id.

there must be a loan, 702.

purchase of bill, payment by acceptor in anticipation, for a premium ;
bankers accepting or guaranteeing bills on commission, &c., 702, and
note (f).

on advance by banker, agent, loan society, 702, 703.

there must be an agreement for usurious interest, 703.

reservation by mistake, &c., substance of contract to be regarded, id.

no usury in case of loan on a risk, 704, 705.

case of annuity with insurance of life, 704.

of a rent charge annuity, id.

loan on becoming partner, &c., id., 705, 223.

risk of insolvency insufficient, 705.

loan without interest, if principal paid on certain day; if not, a larger sum
exceeding 51. per cent. &c.-Note by instalments, with proviso if one de-
fault, id.

risk of interest only not sufficient, 705.

loan of stock in funds, reservation of dividends till replaced, &c., id., 706.
valid debt, or contract, not avoided by subsequent usurious reservation,
though penalty incurred if excess taken, id.

when presumed usurious reservation was at time of bargain, 706.

of a new or substituted agreement or security; moral obligation to pay prin-
cipal; new promise to do so, good, id., 707, 48.

new security good if all excess eradicated, 707, 48.

otherwise wholly bad, except as to boná fide holder of bill, 708.

separate instruments constitute one agreement for usury, when, 709.

charges of commission or for expenses, when not usury, 709.

taking goods on discount of bill, id.

lease or sale of realty, when usurious, 710.

compound interest, 710, 21, 648.

foreign contract, 710, 711.

offence of usury; action for penalty; declaration, plea, &c., 711, 712.
action for money had and received, to recover back excess of interest, 635.

VALUATION must be made by principal, 225.

VALUE RECEIVED, not conclusive in bill or note, 103.

Debt lies without those words in bill or note, Hatch v. Trayes, Watson v.
Kightly, 3 P. & Dav. 408.

VENDORS AND PURCHASERS OF REALTY.
Of contracts relating to the purchase of real property.

1. In general: capacity to buy, &c., 293 to 295.
inadequacy of consideration, 295.

effect of error or misdescription, 295 to 298.

as to purchase of several lots at an auction, 298.

puffers at auction, id.

contracts to take and assign-(See Landlord and Tenant), 313.
2. Of the Statute of Frauds, as it affects these contracts.

the first and second sections as to leases and interests in land,
and agent's authority-(See Landlord and Tenant), 299, 300.
the third section as to assignments and surrenders of leases, &c.
(See in general Landlord and Tenant), 300.

the fourth section, as to contracts for the sale of interest, id.
effect of these sections, id.

VENDORS AND PURCHASERS OF REALTY-continued.

as to the application of the statute to the sale of growing crops,
trees, underwood, &c., 301, 302.

as to fixtures, 303.

parol licence to use land, or build, &c., thereon, easements, &c.,
303, 304.

parol contract between landlord and tenant as to improvements,
304, 305,

repairs under void parol contract, 306.

sale by auction within the act; auctioneer may sign contract for
either party, 305.

contract void in part under the statute, id.

party liable on quantum meruit for timber taken under parol
contract, 306.

effect of part-performance, id.

requisites of memorandum as to form and signature, 66 to
73, 306.

3. of the vendor's action against the vendee.

plaintiff must first perform, or offer to perform, his part, 307.
who to prepare conveyance and exceptions, 307, note (z).
when vendee becomes yearly tenant, 326.

notice to quit to him, 341.

4. Of the purchaser's action against the vendor.

when the heir or executor of vendee should sue, 308.

vendor and auctioneer liable for deposit, interest and expenses,
308, 311.

notice of contract rescinded, not necessary, 308.

several agents effecting sale, who entitled to commission, 7
C. & P. 584.

when for loss of bargain, 312, 308.

auctioneer for deposit only, 307, 308, 311.

personal representatives, heir, suing, 308.

plaintiff must perform his part, or offer to do so, 308 to 310.

equitable objection to title, 309.

agreement to grant or assign lease, whether must show title, 309,

and note (r), 310.

time for completion of purchase, rules, &c. 310, 311.

vendor and purchaser in default, 310.

expenses recoverable, 311, 312.

case for fraudulent misrepresentations as to title, 312, 313.

VERDICT, when an estoppel in favour of defendant, 789.

VOID GUARANTEE, money paid on, when recoverable, 592.

VOLUNTARY CONVEYANCES, when void—(See Fraud ), 5, 6, and notes.
VOLUNTARY PAYMENTS—(See Money had and received), 633, 634, 637.

VOLUNTARY STATEMENTS, party not making, though material, when
contract not affected, 220, 221.

WAGERS, gambling sale, or speculation on market price of goods, &c. not
illegal, 418, 497.

IN GENERAL are valid, and French law, 494, and note (m),

not material that one party knew he was right, 496.

courts reprehend them, refusal to try actions, 496, and note (m).

Illegal wagers.

1. Contrary to public policy: instances, 496.

or contrary to public peace or justice, &c. 496, 497.

2. If immoral, or calculated to hurt feelings, or affect interests of
third persons instances, 497.

remedy for, 498.

WAGERS-continued.

bets on persons gaming-(See Gaming), 713.
on horse races- -(See Horse Races), 716, 717.
Wagering policies are void, 716.

premium paid on, 637, note (x).

rescinding wagers, and recovering deposit from stakeholders, or party,
&c. 637, 620.

WAGES (See Master and Servant), 575 to 581.

payment of, when presumed, 749.

set-off against, for damage done his servant, 841.

WAIVER of a tort a good consideration for a promise, 33, 35, note (c).
WAREHOUSEMAN.-(See Bailees).

sale by, of goods he holds, effect of, 6 Geo. 4, 223, note (t).

WAREHOUSE RENT, vendor charging, no determination of lien, 429.
WARRANT OF ATTORNEY, when party estopped from showing that same
was not witnessed by an attorney, 7, note (y).

by infant, 149, 150.

WARRANTY UPON A SALE, &c., warranty of title on sale of land, &c.
309, 310, 447, note (h).

warranty of title to goods sold, 447 to 449.

when implied; rule of caveat emptor; remedy, &c. 447, 448.
affirmation of a power or right whereby another is induced to act and
is injured, id.

warranty of quality or soundness.

caveat emptor, warranty not implied, 449.

in case of goods to be manufactured, 450, 451.

or of goods bought for particular purpose, 450 to 452.
brewer selling beer, 452.

when implied warranty as to merchantable quality, id.

what amounts to a warranty; collateral representations.

mere recommendation not taken as warranty, not sufficient, 452, 453.
servant's implied power to warrant; warranty without authority, 217,
218, 220.

warranty by one partner, 250.

construction of particular forms of warranty, 453, and n., 452, n. (k).
no particular form necessary, representation meant to be so, when suf-
fices, 454.

custom of trade, when constitutes, id.

advertisement describing goods particularly, 455.

sale by sample is a warranty, id.

representations not embodied in contract, 456.

warranty does not extend to obvious defects then existing, id.

to unsoundness in a horse, as splints, &c., then in the system, 456, 457.
infant not liable on warranty of a horse, 151.

sale"with all faults," effect of, 457.

warranty against future defects.

semble is good, &c., 458.

when warranty made, id.

rights and liabilities of parties.

purchaser need not return or give notice, may resell, &c., remedy,
458, 459.

effect of not returning, 459 to 462.

whether in action for price of goods or article made, vendee may de-
fend in toto, or reduce damages, by showing breach of warranty, or
insufficiency, &c.-(See Rescinding), 459, 464.

in case of sale by sample, 463.

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WARRANTY UPON A SALE, &c.-continued.

not in case bill of exchange given for price, 464.

proof of breach of warranty.

clear evidence required, 464.

what constitutes unsoundness in a horse, 464, 465, and notes.
or breach of contract to supply history of a county, or a map, 465.
warranty in a receipt for price, 466.

parol evidence to prove, id.

of the damages recoverable, 467, 870.

pleadings, &c.

vendee cannot recover back price as money had and received, if he do
not return, &c., and contract not rescinded, 460 to 462, 466, 467.
should declare specially, if contract open, when it is so, 466, 467.
exception in warranty, id.

when purchaser cannot recover keep of horse, 467.
resale, damages, &c., 467, 870.

stamp on warranty of horse, 131.

WHALE FISHERY, no partnership between crew and captain, 249.
WHARFINGER, selling goods without authority, 223, note (t).
his receipt for goods, stamp on, 116, note (/).

WEIGHTS AND MEASURES, sale by, 423, note (a).
WITNESSES, attorney not personally liable for expenses of, 229.
action by, for expenses, 586.

liability of, for not attending trial, 587.
promise to pay for loss of time, 52, 587.

fee to officer of petty bag office attending as, 587.

compensation to scientific men for models, &c., id. note (s).

referring to unstamped paper to refresh memory, 118.
remedy of commissioner to examine, for his fees, 585.

WORK AND LABOUR, AND MATERIALS-(See Services and Work—
and Analysis), 541.

by builders. (See Builders and Carpenters).

contract for, when need not be stamped, 125, 132.

lien for price of article to be made, 375, 376, 345, 546.

when property in the goods vests in vendee, 379, 380.

contract for, to be in writing, as under Statute of Frauds, 387, 388, 565.

badness of work and materials, when a defence, 568, 569.

when goods must be completed before price recoverable, 570, 431, note (u),
459, 730.

common count for, when lies, 442, 569.

warranty as to the quality of the goods to be made, 449, 458, 459.

WRIT to save Statute of Limitations, 837, 838.

is the commencement of actions in all the courts, 797, note (j).
tender before writ issued, 793, note (c).

WRIT OF ERROR, interest allowed on judgment delayed by, 643, note (b).
WRITING, at common law unnecessary, and verbal contract of equal force,
effect of Statute of Frauds, 4, 66.

representations of the credit of another must be in writing, or action for
deceit does not lie, 417.

when required by Statute of Frauds-(See Frauds, Statute of, Vendors and
Purchasers, Guarantees, Sale of Goods), 66 to 73.

form and signature of written memorandum under statute-(See Frauds,
Statute of), 70, 71, 397.

printing, whether a sufficient signature, 71.

writing in pencil, 73.

when authority to sign for another must be in writing, 72, 210, 211, 813.

WRITING-continued.

writing required in sale of annuities, ships, and copyrights, 72.

or promise by bankrupt or infant, or to revive debt after six years, id.
written contract must show all the terms and consideration-(See Con-
sideration), 65.

WRITTEN CONTRACT, parol evidence to contradict, 99 to 113.
admitted in evidence to prove fraud though unstamped, 658.

release by altering of, 784.

WRONGFUL POSSESSION, sale of goods under-remedy, 384, 385.

YEAR, contracts not to be performed within a year to be in writing-(See
Frauds, Statute of), 67.

THE END.

LONDON:

C. ROWORTH AND SONS, PRINTERS,

BELL-YARD, TEMPLE BAR.

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