INDEX.

An asterisk indicates that the reference is to a dictum. When a dictum is
referred to, the reference is to the page on which the dictum is found.

ABANDONMENT.

(See Action-Renunciation, Rescission-Waiver of Per-
formance of Conditions.)

When failure to perform contract can be treated as, 1325.
When notice of an intention not to perform contract can be treated as,
1331.

ACCEPTANCE. (See Mail-Messenger—Mutual Assent-Offer-Revocation
of Offer-Silence-Terms, Certainty of-Telegraph-Termination
of Offer.)

Effect of varying terms of offer by, 213, 217, 218, 222 note 1, 223, 275*.
Time within which offer must be accepted, 93, 94 note 3, 98, 112.

ACCORD. (See Accord and Satisfaction.)

Action upon mere, 1547*.

ACCORD AND SATISFACTION. (See Accord-Payment.)

As a defence to an action on a bond, 1564.

Unperformed contract as a defence to an action for breach of contract,

1547, 1558, 1559*, 1561.

Effect of payment in full after breach of contract, 1548.

ACTION.

Offer as constituting part of cause of, 72, 74, 80, 80 note 1.

Right of, on anticipatory breach, 1281, 1287, 1293, 1311.

AGREEMENT. (See Acceptance-Mutual Assent-Offer-Terms, Certainty

of.)

In terms may be only an offer, 252.

ALTERNATIVE CONTRACTS.

By whom option to be exercised, 1004, 1008, 1010, 1012.
When notice of exercise of option necessary, 1005.
When right to exercise option ceases, 1013, 1014, 1018.

ANNOUNCEMENT.

When not to be regarded as an offer, 199, 203 note 1, 207.

Distinction between agreement and condition for, 1129, 1131.

As a condition, 1131.

ASSENT. (See Mutual Assent.)

ASSIGNEE. (See Assignment.)

Forbearance by, as a consideration, 520.

ASSIGNMENT.

Unassignability of choses in action, 855.

Form of, 924, 925.

Necessity of consideration for, 930, 932.

Power of attorney as, 855.

Necessity of suing in name of assignor, 856, 866 note 1, 908*.
Rights of assignee at law, 913*, 918, 921.

Right of assignee to perform contract, 868, 879, 883, 888.

Effect of assignment in part, 890, 895, 900, 925.

release by assignor after notice to debtor of assignment, 901,

905*.

payment to assignor after notice of assignment, 903.

Burden of proving notice of, 916.

Effect of assignor's insolvency after, 906.

ATTORNEY, POWER OF.

Effect of, as an assignment, 855.

BANKRUPTCY.

Obligation created by promise to pay debt barred by, 682.

Right of a relative to sue on a promise made for his benefit, 769, 775*,

787, 814, 833.

creditor to sue on a promise made to his debtor, 771, 772,
777, 790, 807, 828*, 849, 852.

BENEFICIARY-Continued.

Irrevocability of such a right, 794, 818, 825*, 839.

Effect upon plaintiff's original right of suit by him on promise made for

his benefit, 852.

Necessity of writing, 830.

Right of promisee to sue on promise to pay his creditor, 802 note 1.

46

66

one to sue who has no claim against promisee, 803, 812, 847.

66

66

is only incidentally benefited, 809, 847, 853*.

of several creditors of promisee to sue or promise to pay
promisee's debts, 821, 827, 830.

Rights of beneficiary of a covenant, 843, 844 note 1, 847*.

BEHAVIOR.

Promise for good, as a consideration, 367.

BENEFIT. (See Right, Surrender of.)

As an element in consideration, 339, 340 note 1, 341, 342, 343, 350, 372.
Past, as a consideration, 641.

BILATERAL CONTRACT. (See Communication-Unilateral Contract.)
Completion of by mailing letter of acceptance, 93, 95, 98, 110*, 116*,
121*, 124*, 133*, 137 note 2, 140, 141, 149, 163*.

Completion of by sending telegram, 138.

Effect of stipulation that letter or telegram shall be received, 161, 166.

BILL OF EXCHANGE. (See Check-Promissory Note.)

Payment of in whole or in part as a consideration, 394*.

BOILER.

BOND.

BOX.

Delivery of as a consideration, 350.

Payment of, in whole or in part, as a consideration, 393, 394.

When giving of as security a condition precedent to defendant's liability,
1078, 1142.

Completing contract by depositing letter in, 137 note 2.

CARDS.

Abstaining from playing, as a consideration, 363.

CAUSE OF ACTION. (See Action.)

CERTAINTY. (See Terms, Certainty of.)

CERTIFICATE.

Production of, as a condition of defendant's liab ity, 1110, 111, 1116
1118, 1123.

CHATTEL.

Delivery of, as a consideration, 350.

CHECK. (See Bill of Exchange-Promissory Note.)

Giving of, in payment of debt for a larger amount, 420.

COMMUNICATION.

Necessity of, to acceptance of offer, 45, 48, 52, 82, 86, 93, 112, 132*, 147,
172, 173, 176, 181, 184.

COMPROMISE.

Of a reasonably doubtful claim as a consideration, 544, 557.

64 66

claim which plaintiff believed to be good, 550, 554, 556, 563.

CONCURRENT CONDITION. (See Condition-Condition Subsequent-Un-
conditional Contracts.)

Distinction between, and precedent condition, 1143*.

CONDITION. (See Concurrent Condition-Condition Subsequent-Essence-
Limine, Breach in Unconditional Contracts-Waiver of Performance
of Conditions.)

Distinction between and consideration, 340 note 2.

Distinction between breach of contract and breach of condition, 1220*,
1225*.

Nature of the obligation when defendant's promise cannot be performed

until a given act is done by promisee,
1020, 1049, 1069, 1086.

plaintiff's and defendant's promise can be
performed at same time, and same
date is fixed for performance, 1147,
1257*.

though both plaintiff's and defendant's
promise can be performed at same
time, time for performance of one
side only is fixed, 1140, 1144, 1153,
1156.

time fixed for performance of one promise
precedes time fixed for the perform-
ance of the other, 1024*, 1025*,
1038*, 1158, 1165, 1169, 1257*.
simple promise given on the one side, and
a promissory note on the other, 1169.

Descriptive statement as a condition, 1057.

Nature of the condition created by the use of the words "paying,”
transferring," delivering," etc., 1030, 1033.

Nature of the condition created by the use of the words "for," "on de-

livery," as soon as, after," "in consideration of," 1021, 1022,
1025*, 1031, 1044, 1062, 1169.

CONDITION PRECEDENT. (See Concurrent Condition-Condition-Con-
dition Subsequent.)

CONDITION SUBSEQUENT. (See Concurrent Condition-Condition.)
Distinction between, and condition concurrent, or precedent, 1231.
Effect of impossibility of performance of, 1245, 1249.
Burden of proof as to, 1231, 1241, 1244.

when consideration void in part, 376, 379, 380, 384.

Necessity of surrender of right as a, 355, 384.

CONSTRUCTIVE CONTRACT.

Distinction between and express or implied contract, 92 note 1.

CONTRACT. (See Quasi-Contract.)

Distinguish between express and implied, 92 note 1.

COUNTER-OFFER.

Effect of, upon offer, 287, 288.

Inquiry not a, 231.

COVENANT. (See Deed.)

COVERTURE.

Obligation created by promise after coverture to pay a debt contracted
during, 630, 640, 669, 684. 686.

DAMAGES.

(See Interest-Liquidated Damages—Penalty.)
Indemnity the basis of recovery of, 1398, 1420.

Measure of recovery of, for breach of contract to sell, transfer, or con-
vey, 1388, 1390.

Measure of recovery of, for breach of contract involving work, labor,

etc., 1390.

"when plaintiff persists in performance notwith-

standing abandonment of contract by defend-
ant, 1416, 1479*.

when damages suffered not in contemplation
of the parties, 1404*, 1407, 1412.

Recovery of speculative damages, 1427.

DEATH.

Effect of upon an offer, 231 note 1, 296, 299.

DEBT. (See Duty.)

Payment of, in whole or in part, as a consideration, 393, 394, 395, 407.
Giving of promissory note in payment of, as a consideration, 398, 427*,
429.

DEED. (See Escrow-Seal, Contracts under.)

Effect of false reading of, to party executing, II.

DELIVERY.

Acceptance of offer by, 172.

DEMAND. (See Request.)