ON THE NATURE AND CLASSIFICATION OF CON-
TRACTS, AND ON CONTRACTS BY DEED.
Common Law Jurisdiction, page 1.-Three Classes of Contracts.
Contracts of Record. By Recognizance, 3.—Incidents of Con-
tracts of Record. - Scire facias on record. Of Contracts by
Deed. Must be on paper or parchment, 4. Signature, 5.-
Seal and Delivery, 6.—To whom the Delivery is to be made, 9.
-Escrows, 10.-Deeds Poll and Indentures, 12.-Consider-
ation of Contracts by Deed, 13.-Illegality or Immorality of
Consideration will avoid a Deed. Bonds for Cohabitation, 14.—
Estoppel, 16.-Merger, Estoppel in pais, 18.-Deeds charge
the heirs of those bound by them, 20.— Statute of 3 W. 3. c. 14.
Remedies on Contracts by Deed, 21. —Where debt lies on
Deeds, 22.
THE NATURE OF SIMPLE CONTRACTS; OF WRIT-
TEN CONTRACTS. THE STATUTE OF FRAUDS.
Simple Contracts. Their inferiority to Contracts by Deed, page 24.
-Difference between verbal and written Contracts. Proof of
written Contracts. Sir James Wigram's Treatise, 25.-Exam-
ples of rule that written Contracts cannot be varied by parol
evidence of what passed at the time they were made, 26.-
Where parol evidence applies to subsequent variation of Con-
tract, 27.-Patent and latent Ambiguities. What a patent
Ambiguity is, 28.-What a latent Ambiguity is. Usage of
trade, 29. The Statute of Frauds, 31.- - Its Authors. Its
Objects. 1st Section, 32.-3d Section. 5th, 6th, and 7th
Sections. 19th, 20th, and 21st Sections. 4th Section. Heads
of the 4th Section, 33.- The Consideration must be stated, 34.
—Wain v. Warlters, 35.—The Agreement need not be con-
tained in one writing, but in several: Provided they are con-
nected, 36. Boydell v. Drummond, 37.- Signature of the
party to be charged, 39.—Effect of non-compliance with the
Statute, 40.
THE STATUTE OF FRAUDS. PROMISES BY EX-
ECUTORS AND ADMINISTRATORS.-GUARANTEES.
-MARRIAGE CONTRACTS.-CONTRACTS FOR THE
SALE OF LANDS. AGREEMENTS NOT TO BE
PERFORMED IN A YEAR.
Sect. 4. Promises by Executors and Administrators, page 42.-
Sect. 4. Guarantees. The person whose debt is guaranteed
must be himself liable. The original debt must continue, 44.-
Goodman v. Chase. The principle of the rule, 45.-Where a
new Consideration arises, 46.—Rule when the promise must be
in writing, 47. - The promise is to be made to the Creditor.
The Consideration of the Promise may be prospective, 48.-
The Consideration must appear. It need not be in express
terms, 49. Rule in Hawes v. Armstrong, per Tindal C. J.
Newbury v. Armstrong, 50.-Stapp v. Lill. Saunders v. Wake-
field, 51.-Verbal Evidence inadmissible to supply the Con-
sideration, 52.-Actions for Fraudulent Misrepresentations, 53.
-Adequacy of Consideration. Written Correspondence. Con-
tinuing Guarantees, 54.- Tortious defaults, 55.- Lord Tenter-
den's Act, 9 Geo. 4. c. 14. Shares in Joint Stock Companies, 56.
- Agreements in Consideration of Marriage. Representa-
tions by Partners, 57.- Contracts for the sale of lands, 58.-
What is a Contract "concerning land,” 59.—The Statute affects
the right of action only. Rodwell v. Phillips, 62.—Parol de-
mises not exceeding three years, 63.-Edge v. Strafford, 64.-
Inman v. Stamp. Agreements not to be performed within a
year. Peter v. Crompton, 65.-Yearly hiring of Servants, 66.
-Recapitulation of Lectures, 68.
SALE OF GOODS, ETC. UNDER THE 17TH SECTION
OF THE STATUTE OF FRAUDS. — CONSIDERATION
OF CONTRACTS BY DEED, AND OF SIMPLE CON-
Sale of goods of the value of 107. or upwards. The 17th Section,
page 69.-It avoids Contracts within and not in accordance with
it. Contracts for chattels not in esse, 70.-9 Geo. 4. c. 14. s. 7.
What constitutes delivery and acceptance. Delivery, 71.
Delivery to third party. Delivery of Sample. Acceptance, 72.
—Acceptance by lapse of time, 73.—Signature of written Con-
tracts. Norman v. Phillips, 74.-Part acceptance, 75. Several
documents may be read together. Goods sold in lots. Earnest
or Part Payment, 76.—The names of the parties must be stated.
And the price, if one be agreed on. Bought and sold Notes, 77.
-Promises of a certificated bankrupt to pay his discharged
debts, 78.-Ratification of promises by Infants. 9 Geo. 4. c. 14.,
79.-Promises to pay debts barred by the Statute of Limit-
ations, 80.—The consideration of Contracts by deed. 13 Eliz.
c. 5., 81.—Of promises made to the debtor to pay his debt, 83.-
Eastwood v. Kenyon. Consideration for Simple Contracts, 85.
-Maxim of nudum pactum. Harris v. Watson, 86.-The
principle of nudum pactum as to the absence of consideration
in Eastwood v. Kenyon.-Blackstone's definitions of Consider-
ations, 87. General definition, 88.-Thomas v. Thomas. The
consideration must move from the plaintiff. Mutuality of
agreement, 89.—Express Requests and Promises. Express
assent must be to the precise terms of the Contract, 92.-Allot-
ment letters of railway scrip. Implied requests, 93.-Implied
promises. Quasi Contracts, 94.-Adequacy of the consider-
ation. Tortious breaches of Contract, 95. - Foolish promises
may be binding Contracts. Thornborow v. Whiteacre, 97.-
This rule illustrated by cases of partial restraint of trade.
Bills of exchange are exceptions to the rule, 99.
CONSIDERATION OF SIMPLE CONTRACTS. EXE-
CUTED CONSIDERATIONS. WHERE
REQUESTS AND PROMISES ARE OF AVAIL.-
MORAL CONSIDERATIONS.-ILLEGAL CONTRACTS.
-RESTRAINTS OF TRADE.
The definition of a consideration re-stated. Instances of sufficient
consideration. Forbearance of suit. Morton v. Burn, page 101.
-Willatts v. Kennedy, 102.-Smith v. Algar. Forbearance of
Suit when not a good Consideration, 103.—Entrusting another
with employment. Wade v. Simeon, 104.-Remunerated and
unremunerated agents. Coggs v. Bernard, 105.—Where one
man is compelled to do what another ought to have done. Sure-
ties compelled to pay, 106.—Executed and executory consider-
ations. An executed consideration must be supported by a
previous request, 107.-Hunt v. Bate, 108.-Where the pre-
vious request is implied. Compulsory payments, 109.-The
promise is also implied. In cases of indemnity. In case of an
accommodation acceptance. Proof that the Payment might have
been enforced, 110.—Request implied from subsequent adop-
tion of the consideration. Goods supplied to Children, 111.–
Voluntary performance of acts compulsory on others. Kaye v.
Dutton, 112.—Promise to repay the voluntary discharge of a
moral obligation, 113.-Where the express promise differs from
that which the law implies, 114.- -When express request is
needed, 115.—Where the law implies no promise, and there is
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