( 173 ) 



CHAPTER IX. 



PLEADING, EVIDENCE AND DAMAGES. 



Pleading and Evidence for the 

 Plaintiff. 



Executory and executed Contracts 174 



Action for Price of Ilorsc .... 175 



Action for not accepting id. 



Resale of the Goods id. 



Action for Detention of Goods .. id. 



Deli very 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 Parlies id. 



Horse sold and delivered id. 



Money had and received for Re- 

 payment of the Price 178 



Z^?ider a- 3Iista]ce id. 



Money had and received for Re- 

 payment of Part of the Price . id. 

 Money had and received for Price 



of Horse wrongfully sold .... 179 

 Money received subject to certain 



Conditions id. 



Action on a Breach ofTFarranty id. 



Action for a False TFarranty . . id. 



Liability of an Infant id. 



Action for Fraudulent Represen- 

 tation 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 



Warranty 182 



Condition annexed to the Pro- 

 mise or Warranty id. 



Qualification of the Promise 



or Warranty id. 



The Purchase and the Pay- 

 ment 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 ac- 

 cepting 184 



Meaning of Readiness and Wil- 

 lingness id. 



Proof in a)i Action for not de- 

 livering 185 



Proof in Goods sold and delivered id. 

 Proof in Money had and received id. 

 Proof of an Account stated .... 186 

 Proof in an Action for Breach 



of Warranty id. 



Proof in an Action for a False 



IFarranty id. 



Where it is doubtful whether 



False Warranty is p) oveable . , id. 

 Proof in an Action for Fraudu- 

 lent 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 



tendered 188 



Hardiiigham v. Allen id. 



Proof of the Promise or War- 

 ranty id. 



A Warranty not contained in 



the Receipt 189 



Warranty in a Receipt not 



always conclusive id. 



Written Warranty requires 



no Agreement Stamp id. 



Where Authority to ivarratit 



need not be proved 190 



IJ'herc Authority to ivarrant 



must be proved id. 



Proof of Power to rescind id. 



Proof of Fraudulent Represen- 

 tation id. 



Proof of the Breach of Warran ty 191 

 Notice of the Nature of the 



Unsoundness id. 



Fvidcnce 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. 



