XVlll 



TABLE OF CONTENTS. 



CHAPTER IX. 



PLEADING, EVIDENCE AND DAMAGES. 



Pleading and Evidence foe the 



Plaintiff. page 



Executory and executed Contracts. 174 



Action for Price of Horse 175 



Action for not accepting id. 



Resale of the Goods id. 



Action for Detention of Goods .... id. 



Delivery of specific Goods 176 



Action for not delivering id. 



Goods sold and delivered for Pay- 

 ment of the Price 177 



Action maintainable on Rescission 



of Contract by one of the Parties id. 



Horse sold and delivered id. 



Money had and received for Repay- 

 ment of the Price 178 



Under a Mistake id. 



Money had and received for Repay- 

 ment of Part of the Price id. 



Money had and received for Price 



of Horse ■wTongfully sold 179 



Money received subject to certain 



Conditions "^• 



Action on a Breach of Warranty. . id. 



Action for a False Warranty .... id. 



Liability of an Infant id. 



Action for Fraudulent Representa- 

 tion 180 



Statement of Facts in an Action for 



Breach of Contract id. 



Statement of Facts in an Action for 



Deceit id. 



Statement of the Consideration . . id. 



If the Horse turn out lucky .... 181 



Words used in the Statement . . id. 



Statement of the Promise or War- 

 ranty .' 182 



Condition annexed to the Promise 



or Warranty id. 



Qualification of the Promise or 



Warranty id. 



The Purchase and the Payment . id. 



Statement of the False Warranty 



or Fraudulent Representation .. 183 



Statement of the Breach id. 



Statement of the Damage 184 



Proof in Goods bargained and sold id. 



Proof in an Action for not accepting id. 



Meaning of Readiness and Wil- 

 lingness id. 



Proof in an Action for not deliver- 

 ing 185 



Proof in Goods sold and delivered. . id. 



Proof in Money had and received. . id. 



Proof of an Account stated 186 



Pleading and Evidence fob the 



Plaintiff — continued. page 



Proof in an Action for Breach of 



Warranty 186 



Proof in an Action for a False 



WaiTanty id. 



Where it is doubtful whether False 



Warranty is proA^eable id. 



Proof in an Action for Fraudulent 



Representation 187 



Proof of the Bargain and Sale .... id. 



Proof of the Consideration id. 



Proof of Payment of the Price .... id. 

 Appropriation of the Money ten- 

 dered 188 



Ilardiiu/ham v. Allen id. 



Proof of the Promise or Warranty . id. 



A AVarranty not contained in the 



Receipt 189 



Warranty in a Receipt not always 



conclusive id. 



Written Warranty requires no 



Agreement Stamp id. 



Where Authority to warrant need 



not be proved 190 



Where Authority to warrant must 



be proved id. 



Proof of Power to rescind id. 



Proof of Fraudulent Representation id. 



Proof of the Breach of Warranty. . 191 



Notice of the Nature of the Un- 

 soundness id. 



Evidence as to Unsoundness .... id. 



Matter of Fact alone id. 



Either Fact or Veterinary Opinion id. 



Both Fact and Veterinary Opinion id. 



Veterinary Opinion alone 192 



Evidence as to Vice id. 



Evidence as to Unfitness, &c. . . id. 



Proof of Rescission id. 



Proof of Tender id. 



Pleading and Evidence for the De- 

 fendant. 



Admissions by Pleading 192 



What must be specially pleaded . . id. 



Specific Denials must be made .... 193 



Denial of Contract id. 



Allegation of Malice, &c id. 



Defence for Detention of Goods , . id. 



Defence for Goods bargained and 



sold, and for not accepting .... id. 



Defence in an Action for not de- 

 livering 194 



