Page images
PDF
EPUB

VICIOUS ANIMALS, 301, 309, 347. And see FEROCIOUS AND
VICIOUS ANIMALS.

[blocks in formation]

Wagers at Common Law, 414.

Wager on the life of Napoleon, 415.
Wager on the result of an election, id.

Betting on a race no longer illegal, id.

Bets not recoverable, id.

Deposit recoverable before the event, id.

Decision of the Court of Common Pleas, 416.

What is a wagering contract, 417.

Money advanced with stipulation, id.

Price of Mare to be increased, if she won, by her winnings,

418.

Billiard Match, id.

Rotundity of earth, id.

Trotting against time, id.

Agreement with Tipster, id.

Walking Match, 419.

Contribution to person nominating winner not within pro-
viso, id.

Second Horse may receive part of the Stakes within the
proviso, 420.

Effect of wagers being void on note given in payment, id.
Wagering contracts by brokers void but not illegal, 421.
Contracts may be illegal which are not void, id.

Money paid on void contract, id.

Decision in Equity, 422.

Money paid on illegal game not recoverable, id.

The Act for the Suppression of Betting Houses, id.

The Stock-Jobbing Act, 423.

Gaming on Stock Exchange, id.

Where each Party means to break the contract, id.

As in a time bargain, id.

Question to be left to the Jury, id.

Statute only affects contract which makes the Wager, id.

Statute against wagering policies, 424.

What held to be such a policy, id.

Wager as to a declaration of war, id.

What was held not to be such a policy, id.

Paying a bet, 425.

Giving a security, id.

Where a note or bill is a gift, id.

Taking a stolen bank note in payment, 426.

Taking stopped note in payment, id.

[blocks in formation]

A betting agent, id.

May recover disbursements from principal, id.

Agreement to pay winnings to principal not within Act, id.
A betting partner, id.

Cheating Wager, 428.

WAGGON.

Trotting along a road, 299.
Trotting along a street, id.

WALL-EYED, 109.

WARBLES, 109.

WARRANT OF ATTORNEY.

Given for a gambling debt, 447.

WARRANT OR DELIVERY ORDER.

Mere acceptance of, by purchaser will not bind bargain, 15.
WARRANTY.

Of soundness limited as to time by Conditions of Sale, 45.
Of ownership by Auctioneer, 48.

Effect of private warranty of soundness before Sale, 51.
Warranty required in buying a Horse, 113.

Warranty of title, id.

Not implied by law of England, id.

How it may be inferred, id.

Rule of Law, 114.

When the consideration fails, id.

Mode of trying a disputed title, id.

Interpleader order not granted unless claims co-extensive,

115.

Reason for requiring a Warranty, id.

Buyer should protect himself by one, 116.

What constitutes a Warranty, id.

No particular words necessary, id.

Representation of vendor at time of Sale, id.
Where article is described, id.

Words of expectation do not amount to, id.

Article named in a sold note, id.

Buyer entitled to Article commercially known by the
name, id.

A sound price not tantamount to a Warranty, 117.

A general Warranty, id.

A qualified Warranty, id.

A limited Warranty, 44, 117.

Complaint of breach must be made within time limited, id.

A special Warranty, 118.

A written Warranty, id.
A special Agreement, id.
Form of Warranty, id.

WARRANTY-(continued).

Effect of a written Warranty, 118.

Warranty may be gathered from Letters, 119.
The Parties are bound by it alone, id.
Unless fraud is shown, id.

Representation does not avail, id.

It cannot be extended by implication, id.

A Warranty is several though the contract be entire, id.
A Warranty applies to the time of Sale, id.

Warranting a future event, 120.

Buying for a particular purpose, id.

Must be reasonably fit for the purpose, id.
A Horse to carry a Lady, id.

A carriage Horse, 121.

No exception as to latent undiscoverable defects, id.
Quiet in harness, id.

Unfitness must be clearly proved, 122.

Must have existed at time of Sale, id.

Where there is presumption that Horse answers Warranty,

id.

General rule, id.

Warrantor's liability, 123.

Sale avoided by fraud, id.

But not by immaterial representation, id.

Proof of Warranty not contained in the Receipt, 189.
Proof of, when to be gathered from Letters, id.

When formally made in writing, id.

Warranty in a Receipt not always conclusive, id.
Warranty need not have Agreement Stamp, id.
Defence to breach of Warranty, 195.

Proof of surreptitious Warranty, id.

Condition annexed to, when it should be specially pleaded,
196.

And see BREACH OF WARRANTY.

WARRANTY AND SALE BY AN AGENT.

An agent cannot delegate his authority, 123.
Nor exceed it, 124.

Agency determines by principal's death, id.

Difference between a remunerated and an unremunerated
Agent, id.

Agent acting without proper authority, id.

His personal responsibility, id.

Where he cannot be sued on the contract, id.

But is liable in damages, 125.

Principal answerable for his fraud, id.

Misrepresentation collateral to the contract, id.

Damage caused by his negligence, id.

Servant putting up glandered Horse in stable of another, id.
Undisclosed principal, id.

Where vendor does not know that there is a principal, id.
Alteration of account between principal and agent, 126.
Where vendor knows name of principal, id.

Vendor's election, id.

Where vendor does not know name of principal, id.

WARRANTY AND SALE BY AN AGENT-(continued).
Person described as agent may be proved to be principal, 126.
Principal cannot be proved to be an agent, 127.
Their respective rights of action on a contract, id.
Warranty by a servant as special agent, id.

When entrusted to sell Horse privately, 128.
When entrusted to sell Horse at a fair, id.
Warranty by a servant as general agent, id.

Servant of Horse-dealer has implied authority to warrant,
id.

Illustration of rule, 129.

Evidence of custom not to warrant, 130.

Warranty by a servant after sale, id.

Warranty by a servant forbid to give one, id.

Warranty by a stranger forbid to give one, 131.

Master unwilling to stand by his servant's Warranty, id.

Rule as to a servant binding his master, 132.

Warranty by a person entrusted to deliver, id.

Agent employed to take a Warranty, id.

Action against a pretended Agent, id.

Proof in Warranty by a servant, 190.

WARRANTY DISTINGUISHED FROM REPRESENTA-

TION.

Representation intended as a Warranty, 138.
Recommendation of the seller, id.

Affirmation as to value, id.

Distinction between a Warranty and a Representation, id,
Where a Representation amounts to a Warranty, 139.

It must form part of the contract, id.

And be made pending contract, id.

Description of a class of goods, 140.

Question to be put to Jury, id.

Rule as to Warranty and Representation, id.

Mere expression of opinion, 141.

Selling according to a pedigree, id.

Partly a Warranty and partly a Representation, id.

Jury must decide between a Warranty and a Representation,

141.

Judgment in Behn v. Burness, 143.

Counterfeit trade marks, 145,

WARTS, 109.

WATER FARCY, 88, 109.

WAYS.

Owners of private ways liable for negligence, 316.
Even where injury caused by intervening act of third
party, 317.

WEAK-FOOT, 109.

WEAVING, 110,

WEIGHTS.

Under 13 Geo. 2, c. 19.. 379.

For Queen's Plate, 550.

WHEEZING, 110.

WHIST.

Lawful, 434.

WHISTLING, 110.

WILFUL MISCONDUCT, 282. See CARRYING HORSES.

WILLIAM THE CONQUEROR.

[blocks in formation]

WITNESS.

Competency, 198.

Person found in Gaming House may be made a witness, 462.
And freed from all penalties, id.

WOLF'S-TOOTH, 111.

WOUNDING.

Wounding a Horse, felony, 62.

WRESTLING MATCH, 383, 399, 433.

WRITTEN CONTRACT, 3.

Y.

YACHTING, 383, 433. And see REGATTAS.

YELLOWS, 111.

« PreviousContinue »