Commentaries on the Law of Contracts: Being a Consideration of the Nature and General Principles of the Law of Contracts and Their Application in Various Special Relations, Volume 4

William Frederick Elliott

Bobbs-Merrill Company, 1913 - Contracts

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Title Page

Table of Contents

AGENCY TO DEEDS	1

Negotiable instruments	8

Construction considering recitals together with signatures head	14

SECTION	19

Principal held liable in equity	21

Consequences of defective execution	27

CHAPTER LX	30

Duty of attorney to clientConfidential communications	36

The amount must be certain	596

Time of payment must be certain	597

Designating place of payment	599

Words expressing consideration	600

Signature necessity form and position of	601

SealNecessity for and effect	602

Contemporaneous agreements	604

Conflict of law	605

Duty of attorney to obey instructions	42

Attorneys lien	48

Statute of fraudsMemorandum	54

When contract is madeAcceptance of	60

Liabilities of auctioneer to third personsSale of stolen goods	66

Vicepresident	69

Directors	73

Secretary	78

CHAPTER LXIII	86

Duties and obligations of brokers and factors to principals	94

Obligations of principal to factorLien of factor	101

Rights and remedies of principal as to third parties	108

Duties and powers of traveling salesmen generallyNo power	115

Authority of agentHow provedParol evidenceSeal	121

SECTION PAGE 2929 Habit and course of dealing	124

Course of dealingActs of agent in other transactions	125

Declarations and admissions of agent	126

Admissions of principal	127

Notice to agent as notice to principal	128

Ratification	129

Revocation and termination of agency	132

TITLE TWO ARBITRATION AND AWARD CHAPTER LXVI	134

Agreements for submission effect and necessity	137

Manner and form of submission	140

What may be submitted	142

Who may submit to arbitration	145

Requisites of submission	151

Amendment of submission	153

Revocation of submission	154

Effect of submission	159

Construction of submission	160

Who may be arbitrators	162

Appointment and oath	164

Authority and power of arbitrators	166

Compensation and liability of arbitrators	169

Proceedings before arbitrators in generalPresence at meetings	170

Right to hearing before arbitratorsExtent of right	172

Time and place of hearing before arbitrators	173

Notice to parties of meetings of arbitrators	174

Conduct of hearing by arbitratorsWitnesses and evidence	176

Manner of reaching decision by arbitratorsUnanimity	179

UmpireMethod of appointment	181

UmpireHis authority	183

CHAPTER LXVII	186

Form and requisites of awardPublication	187

Mutuality of award	191

Certainty of award	192

Conformity of award with submission	196

Further of conformity of award to scope of submission	198

Finality of award	201

Completeness of the award	203

Consistency of awardPossibility of performanceReasonable nessEntirety	204

Partial invalidity of award	205

Correction and reformation of award	207

Ratification and repudiation of award	209

Construction of award	210

Parol evidence to vary or explain awardArbitrators as witnesses	211

Conclusiveness of award when unimpeached and effect upon cause of action	214

Costs of arbitration	218

Impeachment of awardGrounds	220

Impeachment of awardMethod	225

Performance of award	228

Enforcement of award	230

TITLE THREE BAILMENTS CHAPTER LXVIII	235

Character of the relation	236

Origin of the law of bailment	237

Classification of bailments	238

The consideration which supports the contract	239

Principles common to all bailments and subjectmatter of a bail ment	240

SECTION PAGE 2992 Delivery and acceptance of the property	241

Possession of the property	243

Bailees estoppel to deny bailors title	244

Bailees rights against third parties	245

Bailees rights to use of propertyConversion	246

Expenditures upon property bailed	247

Care to be taken of property bailed	248

Bailee must act in good faith	250

Effect of special contract	251

Termination of relation	252

Form of action and burden of proof	254

Distinction between bailment and debt sale or gift	255

CHAPTER LXIX	258

Mandates	259

Delivery and acceptance	260

Use of the property and expenses	261

Care to be used by bailee in accomplishing the bailment purpose	262

Effect of failure to obey instructions or to give special care with notice that such is necessary	264

Bailees rights against bailor or third parties	265

The finder of lost property	266

Termination of relation and redelivery	267

For benefit of baileeGratuitous loansThe commodate	268

Creation of the relation	269

Bailors rights and duties	270

The care demanded of the bailee	271

Redelivery	272

CHAPTER LXX	273

Pledge distinguished from chattel mortgage and lien	274

Essentials of the relation	275

What may be pledged	276

Title necessary to pledge goods	277

Delivery in pledge	279

Constructive delivery	281

Delivery of negotiable instruments in pledge	283

Pledge of corporate stock	284

Delivery of bills of lading and other quasinegotiable papers	286

Pledgees right to possession of pledge	287

Pledgees right to useExpenses and profits	288

Care demanded of pledgeeCollection of negotiable paper	289

Pledgees right to assign pledge	290

The pledgors warranty of title to the pledge	291

Pledgors right to assign subject to pledge	292

The pledgors right to redeem	293

Termination of the relation by the pledgor	294

Redelivery	296

Commonlaw sale of the pledge	297

Sale in equity	298

Sale under statute	299

Further of pledgees rights in case of defaultWhere pledge is chose in action or corporate stock	300

Pledgors rights in case of default or in case of pledgees wrong	301

Rights of purchaser at pledgees sale	302

CHAPTER LXXI	303

Contracts of hiring the use of a thing	304

Creation of the relation	305

Bailees right to possession and use	306

Care demanded of hirerExpenses	307

Bailees misuse and conversion	309

Third persons and subusers	312

Assignability of bailees rights	314

of personal belongings of customer or patron	315

Termination of the contract of hiringRedelivery and recompense	316

CHAPTER LXXII	320

Creation of the relation	321

Diligence and skill required of bailee	323

Expenses and insurance	326

CompensationWhere work completed but not according to contract	328

Bailees lien for amount of compensation	329

CHAPTER LXXIII	333

Warehouse receiptsTheir effect and assignability	335

Warehouse receipt as a contractIts effect in limiting liability	337

Duties and liabilities of warehouseman	339

Further of the warehousing relationshipWarehousemans lien	341

RedeliveryPresumption in case of injury to goodsTermina tion of relation	342

Wharfingers	343

Safedeposit companies	344

Public officers as bailees	345

Other bailments for custodyAgisters and livery stable keepers	346

CHAPTER LXXIV	347

Who are innkeepers	348

Who is a guestTransient character of the relationship	350

A guest must receive accommodations of the inn as such	352

Innkeepers duty to receive all comers	354

Innkeepers liability for the goods of his guests	355

For what goods innkeeper is liable	357

SECTION PAGE 3117 Limitation of liability	358

Innkeepers liability for the safety and protection of his guests	360

Innkeepers lien	361

Termination of relation	362

Innkeeper as ordinary bailee	363

The postoffice department as bailee	364

CHAPTER LXXV	366

Common carrier defined	367

Private carriers	368

Further of distinctionsExceptions to rules	370

Kinds of common carriers with reference to means of trans portation	372

Who are not common carriers	374

Common carriers extraordinary liability as bailee	375

CHAPTER LXXVI	377

Place of delivery	379

To whom delivery must be made	380

Constructive delivery	381

Completion of delivery and acceptance by carrier	382

Notice to carrier of delivery	383

Delivery to connecting carrier	385

CHAPTER LXXVII	388

Authority to give bill of lading	389

Operation of bill of lading as receipt	390

Recitals in bill of lading as to condition or character of goods received	391

SECTION PAGE 3160 Bill of lading as a contract	392

Conflict between bill of lading and parol contract	393

Mutual assent	394

Transfer of title to goods by transfer of bill of lading	395

Bill of lading as evidence of title	397

Bill of lading with draft attached	399

CHAPTER LXXVIII	401

Duty to furnish sufficient accommodations	402

Duty to furnish suitable accommodations	404

Duty to furnish cars suitable to particular classes of freight	405

Duty to show no preference	406

Duty as to manner of carriage	408

Duty to obey shippers directions	409

Carrier must choose safest route where more than one	410

Special duties arising under special contractEffect of deviation from contract	411

Contracts to carry within certain time	412

Care of goods in emergencies	413

Carriers iiability for loss	415

What is considered act of God	416

Carriers exposure to dangerDeviation from route	418

Burden of proof	420

What is meant by loss caused by public authority	421

Loss caused by act of shipper	422

Statutory exceptions to carriers liability	423

Special circumstances may increase duty not to delay	424

Excuses for delay	425

Duty to delay under some circumstances	426

CHAPTER LXXIX	427

Limitation of liability by notice	428

SECTION PAGE 3207 Essentials of the contract	429

What is a special contract	430

Contract may be in parol	431

Notices informing of carriers regulations	432

Receipt must be delivered when goods accepted	433

Character of limitations	434

Limitation of amount of liability	435

Effect in case of abandonment or completion of contract	438

Limitation of time in which claim for loss must be made	439

When limitation does not applyWaiver	441

Condition precedent and burden of proof	442

Effect of contract limitations in case of negligence	443

Authority of shippers or carriers agent to limit liability	444

Construction of contracts limiting liability	445

Construction of exceptions found in bills of water carriers	448

Act of carrier which prevents taking advantage of contract limita tionsDeviation or departure from contract	449

When connecting carrier obtains benefit of contract made by initial carrier	450

Consideration for contract limiting liability	452

CHAPTER LXXX	454

On what goods entitled to freight	455

Amount of compensation	456

Who must pay the freight	457

Method of calculating compensation	458

Method of calculating freight pro rata itineris	460

Transhipment at rate different from original rate agreed upon	461

Demurrage	462

Construction of special clauses in demurrage contracts	463

Demurrage where contract is silent as to time of unloading	464

Cesser clause and lien for demurrage	466

Charges for special services	467

Discrimination in freight charges	468

Carriers special property in goods and general rights as bailee	469

When subrogated to owners rights	470

Authority to sell	471

Right to know character of goods offered for carriage	472

Shippers failure to deliver	473

CHAPTER LXXXI	478

Delivery to right person	479

Place of delivery	482

Where goods are shipped to a certain place	483

Delivery by water carriers	484

Delivery by railroads	487

New Hampshire rule	488

New York rule	489

When liability as warehouseman begins	490

Liability as warehouseman	491

Delivery by express companies	492

Carrying goods C O D	493

Consignees rights as to C O D shipments	494

Excuses for nondeliverySeizure under legal process	495

Stoppage in transitu	497

Receipt for delivery	499

Delivery to connecting carrier and liability of connecting carrier In general	500

Who is a connecting carrier	501

Contract for through carriage	502

Authority to make through contract	504

Which carrier is liable to consignee	505

Compensation of connecting carriers	507

Delivery to connecting carriers	508

CHAPTER LXXXII	512

Duty to carry	513

Carriers duty as to accommodations	514

Care of the stock in transit	515

Liability for loss or delay	517

Special contract and limitation of liability	518

Statutory regulation	519

Termination of relation and delivery	520

Delivery to connecting carrier	521

CARRIERS OF PASSENGERS 3305 Defined and distinguished 523	524

Who must be carried	526

Creation of relationOffer to become passenger	527

Acceptance by carrier	528

Duties of carrier toward passenger	532

Carriers duty as to accommodations	533

Duty to protect passengers from third persons	536

Violation of carriers duties toward passenger considered as breach of contract or as tort	537

Carriers rules and regulations	538

Ejection for failure to comply with regulations or because of faulty ticket	539

Carriers right to compensation	541

Ticket as a contract	542

Conclusiveness of ticket	544

Loss of ticket	545

Stopover privileges	546

Time limitations	548

Transfer of ticketsNontransferable tickets	549

Excursion tickets and roundtrip tickets	550

Mutilated ticketsShowing ticket before admission to train	551

Limitation of liability by contractWhere one travels on pass	553

Limitation of liability where fare paid	555

Termination of relation of carrier and passenger	556

Duty to stop at stations to announce stations to conform with schedules and to give passenger proper instructions	557

Sleeping and parlorcar companies	559

Sleepingcar tickets	560

Carriers of passengers by water	561

What is baggage	563

Merchandise carried as baggage	565

Limitation of liability for baggage	567

Carriers lien on baggage	570

TITLE FOUR BILLS AND NOTES CHAPTER LXXXIV	571

Foreign and inland bills of exchange	572

Definitions of a promissory note	573

Form and negotiability of a promissory note	574

Meaning of the law merchant	575

Negotiability in general	576

Assignability in general	577

Duration and extent of negotiability	578

Quasinegotiable instruments	579

CHAPTER LXXXV	582

Forms and requisites of bills and notes	583

Instrument must be in writing	584

Antedating and postdating instruments	585

Designation of parties	586

SameDesignation of parties	587

Designation of payee	589

Designation of drawee	591

Necessity for order or promise to pay	592

Provision for payment of money	593

Provision for attorneys fees and costs of collections	594

How money designated	595

Law of place of contract governs	607

The original contract of the drawer	608

Contract of drawee	610

Contract of maker	611

Contract of guarantor	612

Contract of surety	613

Capacity of parties to contract	615

Delivery of instrument	616

Consideration necessity for	617

Sufficiency of consideration	619

Valuable consideration	620

Accommodation paper	621

Love and affection	622

Consideration for extension	623

Validity of consideration	624

CHAPTER LXXXVI	626

AcceptanceNecessity for	628

By whom acceptance made	629

When acceptance implied	630

Acceptance of incomplete bill	631

Qualified or conditional acceptance	632

Effect of acceptance	633

CHAPTER LXXXVII	635

Time of transfer	636

Transfer by indorsement	637

Striking out indorsement	638

Transfer by blank indorsement	639

Transfer by special indorsement	640

Transfer by delivery	642

Effect of transfer upon equities	643

SECTION PAGE 3435 Liability of transferrer by indorsement	644

Liability of transferrer by delivery	646

Transferrers implied warranties	647

CHAPTER LXXXVIII	648

Maturity of paper payable on or before or after a fixed time	649

Maturity of paper payable on or after demand	650

Days of grace	651

Effect of extension or renewal as between parties	652

Effect of extension or renewal as discharge of other parties	653

What constitutes an extension or renewal	655

Effect of laches	656

CHAPTER LXXXIX	658

What is usual course of business	659

Holder without notice	660

Necessity for presentment for payment and demand	662

Time for presentment or demand	663

Place of presentment or demand	664

Special classes of hiring the use of a thingProperty for ex hibition 314	665

To whom presentment should be made	666

By whom presentment may be made	667

Waiver of presentment and demand	668

Discharge by payment	669

Payment for honor	671

Discharge by cancelation and surrender	672

Discharge by accord and satisfaction	673

Discharge of persons secondarily liable	675

Notice of dishonor	676

By whom and when notice of dishonor given	677

To whom notice of dishonor given	678

Time of giving notice of dishonor	679

When notice of dishonor unnecessary	680

Waiver of notice of dishonor	681

TITLE FIVE BONDS CHAPTER XC	683

General nature and essentials of bonds	684

Parties to a bond	685

Form and contents in general	686

Execution in general	687

Effect of partial execution	688

Filling blanks	689

Acknowledging attesting and recording	690

Delivery and acceptance	691

Consideration	692

Duress fraud and mistake	693

Commonlaw bonds and their validity	694

ConstructionGeneral rules	695

Construction with respect to parties	696

Construction with respect to liability	697

Construction with respect to performance 698	698

Construction with respect to cancelation and rescission	699

Negotiability of bonds	700

Mode of transfer of bonds	701

Interest or title passing by transfer	702

Payment or release after assignment	703

Rights of assignee or transferee	704

Bona fide purchasers in general	705

Obligation to perform condition	707

Performance by payment	708

Breach of condition	709

CHAPTER XCI	711

Bonds given in legal proceedingsAttachment bondsAmount	712

Bonds given in legal proceedingsAttachmentForthcoming bonds	714

Bonds given in legal proceedingsExecutionsForthcoming bonds	715

Bonds given in legal proceedingsAppeal bonds	716

Bonds given	726

Private indemnity bondsContractors bonds for city and other	732

Private indemnity bondsContractors bondsRight of surety	738

Private indemnity bondsEmployés bondsDuty of employer	745

CHAPTER XCIII	751

Municipal bondsExecutionDate	757

SECTION PAGE 3570 Municipa bondsExecutionDenomination and amount payable	761

Municipal bondsDelivery	762

Municipal bondsNegotiability	763

Municipal bondsTransfer and sale	764

CHAPTER XCIV	766

Corporate bondsFormalities in preparation and issue	767

Corporate bondsFormalities in executionSeal	769

Corporate bondsKinds and classes	771

Corporate bondsNegotiability	772

Corporate bondsPurchasers and bona fide holders	773

Corporate bondsCoupons	775

Corporate bondsPayment	776

CHAPTER XCV	778

Official bondsDelivery approval and filing	779

Official bondsEffect of irregularities in execution of bond	780

Official bondsAlterations and forgeries	782

Official bondsEligibility and title of principal to office	783

Official bondsLiability of sureties limited to the term	784

Official bondsLiability continued after the term	785

Official bondsLiability of sureties for acts outside official duty	786

Official bondsLiability of sureties on bond of officer for illegal arrest	787

TITLE SIX BUILDING CONSTRUCTION AND WORKING CONTRACTS CHAPTER XCVI	788

Contracts with architects	789

SECTION PAGE 3612 The plans and drawings	792

Right on death of architect	794

Power of architect	796

Liabilities of architect to builders	799

CHAPTER XCVII	800

Bill of quantities	803

Tenders	805

CHAPTER XCVIII	808

Written contracts	810

Mutuality of contract	813

Contracts with corporations	814

Liability of infants	815

Request for bids and acceptance of bids	816

Parties to the contract	817

Delivery and recording of the contract	818

Acceptance by implication	819

Architects and superintendents certificates	820

Partperformance certificate	821

Performance to satisfaction of owner	822

Provisions for payment for labor and materials	823

Provision for arbitration	824

CHAPTER XCIX	827

Refusal to submit to arbitration	828

Distinction between award by arbitration and certificate stipulated for in the contract	829

CHAPTER C	830

Construction of particular words and phrases	833

Entire and divisible contracts	834

Joint and several contracts	836

CHAPTER CI	839

Right to rescind in general 844	846

Contract provision for termination or rescission	848

Waiver of right to rescind or annul the contract	849

Forfeiture on rescission of the contract	850

CHAPTER CIII	851

Contracts to sink wells	856

Entire and severable contracts	857

Substantial performance of the contractGenerally	859

Substantial performanceRecoupment and deductions	862

Substantial performanceQuestion of factGeneral rule and tests	864

Substantial performanceIllustrative cases	865

Deviations and departures from sample or original contract	867

Part performance and recovery on the quantum meruit	870

Part performanceCompletion prevented by ownerQuantum meruit	873

Part performanceIllustrative cases	877

Performance prevented by destruction of the premises	880

Performance becoming impossible	885

Illegal contracts	887

SECTION PAGE 3706 Acceptance and waiver of defective performance	892

3707 Performance to satisfaction of architect or engineer	895

Performance to satisfaction of architectIllustrative cases	900

Performance to satisfaction of architectNecessity binding effect and waiver of certificate	902

Performance to satisfaction of owner	906

Merger	909

Time of performanceReasonable time	912

Extension of time for performance	917

Waiver of time limit	920

Time words	922

Waiver by extension of time	923

Effect of extras and alterations as to time	925

Other excuses for delays	926

Abandonment of work by contractor	927

Completion of structure or work by owner	928

CHAPTER CIV	933

When final certificate not required	939

Waiver of architects certificate	941

When payment must be made	942

Liability for compensation	946

PaymentsHow made	949

Enforcement of payment	950

CHAPTER CV	953

What constitutes extras	954

Special stipulations as to extras	956

Price of building named in contractEffect of tenders	960

Extras independent of the contract	961

Extras impliedly authorized	963

Valuing extra work	964

Authority of architect or engineer to order extras	965

Liability for extras	966

Right of contractor to perform extra work	970

CHAPTER CVI	972

Specific performance sometimes granted	974

Building contracts not usually enforced	976

CHAPTER CVII	980

Distinction	982

Forfeitures generally	983

Instances and effect of penalties	984

Instances of liquidated damages	985

Instances and effect of forfeitures	986

Enforcement on breach of contract	987

Measure of damages	988

CHAPTER CVIII	991

Effect of insolvency or bankruptcy of party	993

CHAPTER CIX	995

Passing of title	996

Express clauses	1000

Buildings erected upon land of another without his authority	1001

CHAPTER CX	1002

Statutes relating to contractors bonds	1003

Failure to comply with statutes	1004

Conditions in bond affording right of action	1008

Effect of illegality of the contract	1009

Privity between beneficiaries and obligee	1010

Bonds executed to wrong obligees	1011

TITLE SEVEN DEEDS AND CONVEYANCING CHAPTER CXI	1014

Disability of infantsNo estoppel by declaration of age	1016

Disability of infantsMarried women under age	1017

Disability of infantsWho may affirm or disaffirm minority	1018

Disability of infantsWhat amounts to an affirmance	1019

Disability of infantsWhat amounts to a disaffirmance	1021

Disability of infantsRestoration of purchasemoney	1022

Disability of married womenIn general	1023

Disability of married women Conveyances between husband and wife	1025

Disability of insane personsPresumption and proof regarding insanity	1026

Disability of insane personsDeed of insane persons under guardianship	1027

Disability of insane personsConfirmation and disaffirmance of deed	1028

Disability of insane personsRestoring consideration on disaffirm ance	1029

Disability from drunkenness	1030

Disability from duressIn general	1031

Disability from duressDuress renders deed voidable only	1032

Disability from undue influenceWhat constitutes undue influence	1033

Disability from undue influenceConfidential relation of parties	1035

Disability from undue influenceRelation of parent and child	1036

Disability from adverse possessionAt common law and under statutes	1037

Disability from adverse possessionWhat constitutes adverse pos session 103	1039

Capacity of corporations as purchasers	1040

Capacity of aliens to purchase and convey real estate	1041

Capacity of convicts to take and convey real property	1043

CHAPTER CXII	1045

Deeds of conveyanceDefinitionsForm	1046

Distinguished from other instruments	1047

Various species classified and distinguished	1048

Designation of partiesThe grantor	1051

Designation of partiesThe grantee	1053

Partnerships as parties	1055

Corporations as parties	1056

Recitals their use and effect	1057

ConsiderationNecessity for	1059

ConsiderationWhat is a valuable consideration	1060

ConsiderationMarriage a valuable consideration	1062

ConsiderationAntecedent debt as a valuable consideration	1063

ConsiderationVoluntary conveyances	1064

ConsiderationRecital of payment of	1065

Operative words	1066

Description and boundariesGeneral considerations	1067

DescriptionCertainty required	1068

DescriptionFatal uncertainty	1069

DescriptionMonuments their controlling effect over courses and distances	1070

DescriptionStreets and highways as boundaries	1071

DescriptionTide waters on boundaries	1072

DescriptionRivers and streams as boundaries	1074

DescriptionLakes and ponds as boundaries	1075

DescriptionReference to maps and surveys	1076

Exceptions and reservationsTerms distinguished	1077

Exceptions and reservationsParticular cases	1079

Exceptions and reservationsWhether personal or appurtenant to the land	1081

The habendumOffice and effect	1083

The habendumNaming of grantee	1084

The habendumUse of word heirs in limiting estates in fee	1085

The habendumThe rule in Shelleys case	1086

The habendumEstates tail	1088

Conditions precedent and subsequentHow created	1089

Conditions precedent and subsequentConditions subsequent not favored in law	1091

SECTION PAGE 3875 ConditionsNot implied from the purposes of the grant	1092

Conditions precedent and subsequentVoid conditions	1094

Restrictions as to use of land in general	1095

Restrictions as to use of landParticular restrictions	1096

Restrictions as to use of landWhen restrictive covenants run with the land	1098

RestrictionsWaiver and release of	1100

Covenants for titleIn general	1101

Covenants for titleImplied covenants	1102

Covenants for titleCovenants for seizin and right to convey	1103

Covenants of titleCovenants against encumbrances	1104

Covenants for titleCovenants for warranty and quiet enjoyment	1106

Covenants for titleCovenants that run with the land	1107

CHAPTER CXIII	1109

Execution of deedSigning by mark	1110

Execution of deedSigning by hand of another	1111

Execution of deedExecution under power of attorney	1112

Execution of deedBy married woman by power of attorney	1114

SealingUse and necessity of seals	1115

SealingScrolls and other devices used as seals	1116

SealingSeals of corporations	1118

AttestationRequisites of a good attestation	1119

AcknowledgmentThe purpose and effect of acknowledgment	1120

AcknowledgmentWho may make an acknowledgment	1121

AcknowledgmentWho may take an acknowledgment	1123

AcknowledgmentJurisdiction of officer	1125

AcknowledgmentManner of taking and certifying	1128

AcknowledgmentErrors and omissions in certificates	1129

AcknowledgmentIdentity of party	1130

AcknowledgmentBy married woman	1131

DeliveryA matter of intention	1133

DeliveryGives immediate effect to a deed	1134

DeliveryTo whom it may be made	1136

DeliveryPresumption of from possession	1138

DeliveryDestruction cancelation or surrender of deed	1139

DeliveryWhen complete	1140

DeliveryAcceptance of the grantee essential	1141

DeliveryPresumption of from recording	1143

Delivery in escrowWhat constitutes a delivery in escrow	1144

Delivery in escrow When title passes under delivery in escrow	1145

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Commentaries on the Law of Contracts: Being a Consideration of the ..., Volume 4
William Frederick Elliott
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Page 617 - ... the delivery may be shown to have been conditional, or for a special purpose only, and not for the purpose of transferring the property in the instrument. But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed.‎

Appears in 507 books from 1867-2005

Page 603 - In order, however, that any such instrument when completed may be enforced against any person who became a party thereto prior to its completion, it must be filled up strictly in accordance with the authority given and within a reasonable time. But if any such instrument, after completion, is negotiated to a holder in due course it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authoritjgiven and within a reasonable...‎

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Page 589 - The instrument is payable to order where it is drawn payable to the order of a specified person or to him or his order. It may be drawn payable to the order of — 1. A payee who is not maker, drawer, or drawee; or 2. The drawer or maker; or 3. The drawee; or 4.‎

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Page 660 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were nonnegotiable. But a holder who derives his title through a holder in due course...‎

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Page 671 - Where a bill has been paid for honor, all parties subsequent to the party for whose honor it is paid are discharged, but the payer for honor is subrogated for, and succeeds to, both the rights and duties of the holder as regards the party for whose honor he pays and all parties liable to the latter.‎

Appears in 235 books from 1867-2005

Page 593 - ... 1. At a fixed period after date or sight ; or 2. On or before a fixed or determinable future time specified therein; or 3. On or at a fixed period after the occurrence of a specified event, which is certain to happen, though the time of happening be uncertain. An instrument payable upon a contingency is not negotiable, and the happening of the event does not cure the defect.‎

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Page 597 - Where the sum payable is expressed in words and also in figures and there is a discrepancy between the two, the sum denoted by the words is the sum payable; but if the words are ambiguous or uncertain, reference may be had to the figures to fix the amount; 2.‎

Appears in 311 books from 1861-2005

Page 660 - A holder in due course holds the instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon.‎

Appears in 421 books from 1816-2001

Page 650 - An instrument is payable on demand — 1. Where it is expressed to be payable on demand, or at sight, or on presentation; or 2. In which no time for payment is expressed. Where an instrument is issued, accepted, or indorsed when overdue, it is, as regards the person so issuing, accepting, or indorsing it, payable on demand.‎

Appears in 310 books from 1867-2005

Page 679 - When any party is dead, and his death is known to the party giving notice, the notice must be given to a personal representative, if there be one, and if with reasonable diligence he can be found. If there be no personal representative, notice may be sent to the last residence or last place of business of the deceased.‎

Appears in 199 books from 1867-1993

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Title	Commentaries on the Law of Contracts: Being a Consideration of the Nature and General Principles of the Law of Contracts and Their Application in Various Special Relations, Volume 4 Commentaries on the Law of Contracts: Being a Consideration of the Nature and General Principles of the Law of Contracts and Their Application in Various Special Relations, William Frederick Elliott
Author	William Frederick Elliott
Publisher	Bobbs-Merrill Company, 1913

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Commentaries on the Law of Contracts: Being a Consideration of the Nature and General Principles of the Law of Contracts and Their Application in Various Special Relations, Volume 4

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