USURY. (See Interest). statutes in respect of, 12 Anne; 58 Geo. 3, c. 93; 3 & 4 Will. 4, c. 98; repealed as to bills and notes having less than twelve months to run, id. 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 ; 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 risk of interest only not sufficient, 705. loan of stock in funds, reservation of dividends till replaced, &c., id., 706. when presumed usurious reservation was at time of bargain, 706. of a new or substituted agreement or security; moral obligation to pay prin- 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. 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. VENDORS AND PURCHASERS OF REALTY. 1. In general: capacity to buy, &c., 293 to 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. the first and second sections as to leases and interests in land, the fourth section, as to contracts for the sale of interest, id. VENDORS AND PURCHASERS OF REALTY-continued. as to the application of the statute to the sale of growing crops, as to fixtures, 303. parol licence to use land, or build, &c., thereon, easements, &c., parol contract between landlord and tenant as to improvements, repairs under void parol contract, 306. sale by auction within the act; auctioneer may sign contract for contract void in part under the statute, id. party liable on quantum meruit for timber taken under parol effect of part-performance, id. requisites of memorandum as to form and signature, 66 to 3. of the vendor's action against the vendee. plaintiff must first perform, or offer to perform, his part, 307. 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, notice of contract rescinded, not necessary, 308. several agents effecting sale, who entitled to commission, 7 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 STATEMENTS, party not making, though material, when WAGERS, gambling sale, or speculation on market price of goods, &c. not 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 remedy for, 498. WAGERS-continued. bets on persons gaming-(See Gaming), 713. premium paid on, 637, note (x). rescinding wagers, and recovering deposit from stakeholders, or party, 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). sale by, of goods he holds, effect of, 6 Geo. 4, 223, note (t). WAREHOUSE RENT, vendor charging, no determination of lien, 429. by infant, 149, 150. WARRANTY UPON A SALE, &c., warranty of title on sale of land, &c. warranty of title to goods sold, 447 to 449. when implied; rule of caveat emptor; remedy, &c. 447, 448. 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. 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. warranty by one partner, 250. construction of particular forms of warranty, 453, and n., 452, n. (k). 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. 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, effect of not returning, 459 to 462. whether in action for price of goods or article made, vendee may de- in case of sale by sample, 463. 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. 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 when purchaser cannot recover keep of horse, 467. stamp on warranty of horse, 131. WHALE FISHERY, no partnership between crew and captain, 249. WEIGHTS AND MEASURES, sale by, 423, note (a). liability of, for not attending trial, 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. WORK AND LABOUR, AND MATERIALS-(See Services and Work— 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), 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). WRIT OF ERROR, interest allowed on judgment delayed by, 643, note (b). representations of the credit of another must be in writing, or action for when required by Statute of Frauds-(See Frauds, Statute of, Vendors and form and signature of written memorandum under statute-(See Frauds, 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, parol evidence to contradict, 99 to 113. 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 THE END. LONDON: C. ROWORTH AND SONS, PRINTERS, BELL-YARD, TEMPLE BAR. |