544 



INDEX. 



DEFENCE. See Pleading and Evidence foe the Defen- 

 dant. 



DELIVERY AND PAYMENT, 

 delivery implied in receipt, 6 

 actual or constructive, 6, 8, 9 

 rights of property and possession, 23 

 executed and executory contracts, id. 

 property may pass without delivery, id. 

 condition as to price ascertainable, 2i 

 effect where not ascertainable, id- 

 risk after sale, id. 



goods to be delivered on a future day, 25 

 delivery and payment contemporaneous acts, id. 

 time not the essence of a contract, id. 

 when nothmg is said about the time of delivery, id. 

 relative position of the parties, 26 

 seller's lien for the price, id. 

 lien in case of an exchange, id. 

 conditional possession, id. 



buyer's right of possession where goods sold on credit, id. 

 how it may be defeated, id. 

 seller's lien during possession, 27 

 his right of stoppage in transitu, id. 

 when goods are held to be in tritnsitu, id. 

 effect of stoppage in transitu, id. 

 goods to be delivered before payment, id. 

 when time of delivery is not fixed to a day, 28 

 goods to be paid for before delivery, id. 

 renunciation of contract, id. 

 price directed to be sent by post, id. 

 post-office order, id. 

 dishonoured bill, 29 



writing off debt due from agent by agent, id. 

 banker's cheque, id. 

 bill of exchange, id. 

 debt paid to a third party, id. 



DELUSION, 



affecting the contract, 149 



DEODANDS, 



abolished, 324 



DEPOSIT, 



with a stakeholder recoverable before the event, 399, 424 



And see Stakeholdeks. 

 of securities, with broker as cover, 413 

 bettmg house-keeper receiving deposits on bets, 467 



DERBY SWEEPS, 

 unlawful, 431 



DESCRIPTION, 



sale by, 105. See Warranty. 



