572 INDEX. 



PLEADING, &c. FOR THE PLAINTIFF— coraimued. 

 statement of the breach, 174 

 statement of the damage, id. 

 proof in goods bargained and sold, 175 

 proof in an action for not accepting, id. 

 meaning of readiness and willingness, id. 

 proof in an action for not delivering, id. 

 proof in goods sold and delivered, 176 

 proof in money had and received, id. 

 proof of an account stated, id. 

 proof in an action for breach of warranty, 177 

 where it is doubtful whether false warranty is proveable, 



id. 

 proof in an action for fraudulent representation, id. 

 proof of the bargain and sale, 178 

 proof of the consideration, id. 

 proof of payment of the price, id. 

 appropriation of money tendered, id. 

 proof of the promise or warranty, 179 

 a warranty not contained in the receipt, id. 

 warranty in a receipt not always conclusive, 180 

 written warranty requires no agreement stamp, id. 

 where authority to warrant need not be proved, 181 

 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, id. 

 notice of the nature of the unsoundness, id. 

 evidence as to unsoundness, 182 

 matter of fact alone, id. 

 either fact or veterinary opinion, id. 

 both fact and veterinary opinion, id. 

 veterinary opinion alone, id. 

 evidence as to vice, id. 

 evidence as to unfitness, etc., id. 

 proof of rescission, 183 

 proof of tender, id. 



PLEADING AND EVIDENCE FOR THE DEFENDANT, 



defence for detention of goods, 183 



defence for goods bargained and sold, id. 



defence in action for not delivering, 184 



where evidence of usage of trade is not admissible, id. 



defence for goods sold and delivered, id. 



defence to action on a bill for the price> id. 



evidence in reduction of damages, 185 



defence for residue of the price, id. 



defence for money had and received, id. 



defence to an action on a breach of warranty, id. 



a surreptitious warranty, id. 



evidence in reduction of damages, 186 



defence to an action for fraudiilent representation, id. 



disputing the warranty, id. 



disputing the unsoundness;, &c., id. 



subsequent recovery, 187 



