INDEX, 631 



PLEADING AND EVIDENCE FOR PLAINTIFF— (conicZ.).. 

 Qualification of the warranty, 182. 

 The i^urcliase and the payment, id. 



Statement of the false warranty or fraudulent representa- 

 tion, 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 willingness, id. 

 Proof in an action for not delivering, 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 on a Breach of warranty, id. 

 Proof in an action for a false warranty, id. 

 Where it is doubtful whether false warranty is proveable, 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 tendered, 188. 

 Proof of the promise or warranty, 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 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 unsoundness, 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 FOE THE DEFENDANT. 

 Admissions by pleading, 192. 

 What must be specially pleaded, id. 

 Specific denials, 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 delivering, 194. 

 Where Evidence of usage of trade is not admissible, id. 

 Defence for goods sold and delivered, id. 

 Defence to action on a cheque for the price, id. 



