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The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) online

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strued); 1 C. A. 587, 592, 82 P. 542 (applied to contract respecting
lumber): 3 C. A. 399, 402, 86 P. 736 (refusal to accept money
renders formal tender unnecessary); 80 F. 54, 62, 63 (referred
to as inapplicable — acts excusing tender).

§1513. SAME (repealed).

Hlntory: Enacted March 21, 1872, repealed March 30, 1S74.
Code Amdts. 1873-4, p. 240.



§ 1514. SAME. [HATAHLE rOlMlO.V OF { O.NSIDEKA-

TION, >VHE>'.] If performance of an obligation is prevented
by any cause excusing performance, other than the act of
the creditor, the debtor is entitled to a ratable proportion of
the consideration to which he would have been entitled upon
full performance, according to the benefit which the creditor
receives from the actual performance.

HiMtory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.

Apportionment of covenants, — As to, see Kerr's Cyc. C. C.
§ 1467 and note.

Assumpsit lies after part performance. — See Kerr's Cyc. C. C.
§ 1511 and note par. 2.

827



§ 1515 CIVIL CODE. [Div.III.Pt.I.

Entire contract — Effect of preventing performance. — See
Kerr's Cyc. C. C. § 1512 and note pars. 14, 15.

§1515. EFFECT OF EEFUSAL TO ACCEPT PERFORM-
ANCE BEFORE OFFER. A refusal by a creditor to accept
performance, made before an offer thereof, is equivalent to
an offer and refusal, unless, before performance is actually
due, he gives notice to the debtor of his willingness to
accept it.

History Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 5 pars, annotation.

98 C. 390, 399, 33 P. 433, 436 (referred to); 153 C. 234, 241, 94
P. 889 (what is not act described in this section); 3 C. A. 387,
395, 86 P. 729 (refusal to recognize plaintiff's riglit to redeem
obviates necessity of formal tender); 3 C. A. 399, 402, 86 P. 736
(refusal to accept money renders formal tender unnecessary);
80 F. 54, 62, 63 (referred to as inapplicable — acts excusing ten-
der).

As to what will excuse offer, see Kerr's Cyc. C. C. § 1511 and
note.

Notifying other party of intention not to perform. — See Kerr's
Cyc. C. C. § 1440 and note.



828



Tit.IV.ch.IV.] ACCORD. WHAT. § 1321

CHAPTER IV.

ACCORD AND SATISFACTION.

§ 1521. Accord, what.

§ 1522. Effect of accord.

§ 1523. Satisfaction, what.

§ 1524. Part performance.

§ 1521. ACCORD, ^VHAT. An accord is an agreement to
accept, in extinction of an obligation, something different
from or less tlian that to which the person agreeing to accept
is entitled.

History: Enacted March 21, 1872: amended March 30. 1874.
Code Amdts. 1873-4, p. 240.

See Kerr's Cyc. C. C. for 16 pars, annotation.

92 C. 33. 37. 27 P. 1098, 1099 (cited): 119 C. 463, 466. 51 P. 704
(applied); 142 C. 34, 41, 75 P. 569 (cited).

ACCORD AND SATISFACTION — GENERALLY.

As to law of. — See 100 A. S. 390.

Definition of. — See 11 L. 712; 1 W. & P. 81.

Distinction between novation and accord executory. — See]2L.
1134.

Executed accord must l)e pleaded. — See Kerr's Cyc. C. C.
§ 1522 and note par. 3.

Necessity of new consideration — See 11 L. 711.

Novation as an. — See Kerr's Cyc. C. C. §§ 1530-1533 and notes.

Part payment — As satisfaction of disputed claim. — See 1 A. C.
801; 11 L. 1018; 20 L. 785-811.

Same — Of whole debt due. — See note 20 L. 785-812.

Same — With receipt in full as satisfaction of li<i\i'ilat(>d and
undisputed debt. — See 5 A. C. 525.

Payment — Of a less sum than due. when inforcible as. — See 1
A. C. 796; 5 A. C. 521; 64 A. D. 138; 28 A. R. 293.

Same — Of debt by a volunteer or stranger to the original
undertaking, effect of. — See 23 L. 120.

Promise accepted in satisfaction of debt, as an executed
accord. — See 6 A. C. 564.

Receipt of a sum less than full amount, amounts to when. —
See 28 A. R. 293: also 64 A. D. 138.

Release and discharge. — See Kerr's Cyc. C. C. §§ 1541-1.t43 and
notes.

Satisfaction necessary. — See Kerr's Cyc. C. C. § 1523 and note
par. 5.

829



§§ 1522-1524 CIVIL CODE. [Div.III.Pt.I.

With one joint tort-feasor, effect on liability of others.- — See
58 L. 300.

§ 1522. EFFECT OF ACCORD. Though the parties to an
accord are bound to execute it, yet it does not extinguish the
obligation until it is fully executed.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.

92 C. 33, 37, 27 P. 1098. 1099 (cited); 142 C. 34, 41, 75 P. 569
(cited).

As to accord and satisfaction generally, see note § 1521, ante.

§ 1523. SATISFACTION, WHAT. Acceptance, by the cred-
itor, of the consideration of an accord extinguishes the obli-
gation, and is called satisfaction.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 6 pars, annotation.

56 C. 493, 495 (applied); 92 C. 33, 37, 27 P. 1098, 1099 (cited);
142 C. 34, 41, 75 P. 569 (cited).

As to accord and satisfaction generally, see note § 1521, ante.

Executed accord must be pleaded. — See Kerr's Cyc. C. C. § 1522
and note par. 3.

§ 1524. PART PERFORMANCE. Part performance of an
obligation, either before or after a breach thereof, when
expressly accepted by the creditor in writing, in satisfac-
tion, or rendered in pursuance of an agreement in writing
for that purpose, though without any new consideration,
extinguishes the obligation.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 241.

See Kerr's Cyc. C. C. for 3 pars, annotation.

56 C. 493, 495 (cited); 88 C. 543, 552, 26 P. 515, 518 (referred
to); 92 C. 33, 37, 27 P. 1098, 1099 (cited); 1 C. A. 659, 665, 82 P.
1075 (applied to promissory notes — death of original payee
without having received payment); 4 C. A. 527, 532, 88 P. 493
(applied to contract to furnish pumping plant of specified
capacity); 178 U. S. 353, 366, 44 L. ed. 1099, 1106 (referred to as
establishing contrary rule respecting payment of less sum of
money in full satisfaction).

As to accord and satisfaction generally, see note § 1521, ante.

Part payment. — See Kerr's Cyc. C. C. § 1521 and note pars.
9-11.

830



Tit.IV,ch.V.] NOVATION, GENERALLY. § 1530



CHAPTER V.

NOVATION.

§ 1530. Novation, what.

§ 1531. Modes of novation.

§ 1532. Novation a contract.

§ 1533. Rescission of novation.

§ 1530. >'OVATIO>% "^VHAT. Novation is the substitution
of a new obligation for an existing one.

IliNtory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 6 pars, annotation.

49 C. 49, 50 (applied); 60 C. 387, 395 (applied); 22 P. 673, 675
(applied to execution, by indorser, of his own note given and
accepted in full payment of note on which he was indorser): 6S
P. 484, 485 (applied); 3 C. A. 561, 567, 86 P. 820 (instance of
valid contract, though not negotiable, having all earmarks of a
novation).

NOVATION.

Action by a third person on a promise made for his benefit. —
See 39 A. S. 531.

As a contract. — See 5 W. & P. 4849.

By substitution of debtor.— See 10 L. 369; 5 W. & P. 4850.

Continuance of one debtor's liability on release of co-obli-
gators.— See 5 W. & P. 4850.

Contract, is a.— See Kerr's Cyc. C. C. § 1532 and note.

Same — An irrevocable one. — See Kerr's Cyc. C. C. § 1533. note.

Definition of.— See 10 L. 369; 5 W. & P. 4848.

Distinction between novation and accord executory. — See 12
L. N. S. 1134.

Effect of judgment against garnishee to merge or satisfy
liability of principal debtor. — See 47 L. 131.

Extinguishment of old debt. — See 5 W. & P. 4850.

Fraud, statute of, inapplicable. — See Kerr's Cyc. C. C. § 1532,
note par. 7.

Intervention of new creditor. — See 32 A. S. 704; 18 L. 120; 5
W. & P. 4849.

Intervention of new debtor.— See 10 L. 369; 5 W. & P. 4S50.

Liability of consolidated railroad company for debts of prede-
cessors. — See 23 L. 231.

Modes of, and illu.strations. — See Kerr's Cyc. C. C. § 1531 and
note.

Presumption of not indulged. — See 5 W. & P. 4851.

831



§§ 1531-1533 CIVIL CODE. [Div.III.Pt.I.

Recession of novation.— See Kerr's Cyc. C. C. § 1533 and note.
Substituted obligation.— See 10 L. 369.
What constitutes a. — See 5 L. 414; 6 L. 688.

§1531. MODES OF NOVATION. Novation is made:

1. By the substitution of a new obligation between the same
parties, with intent to extinguish the old obligation;

2. By the siibstitutiou of a new debtor in place of the old
one, with intent to release the latter; or,

3. By the substitution of a new creditor in place of the old
one, with intent to transfer the rights of the latter to the
former.

History; Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 21 pars, annotation.

60 C. 387, 395 (referred to); 63 C. 501, 502 (referred to); 72 C.
549, 551, 14 P. 513, 514 (construed); 22 P. 673, 675 (applied to
execution, by indorser, of his own note given and accepted in
full payment of note on which he was indorser); 86 C. 574,
576, 21 A. S. 63, 25 P. 52, 53, 10 L. 369 (referred to); 110 C. 259,
263, 42 P. 820 (cited); 131 C. 495, 497, 63 P. 778 (construed); 143
C. 4, 7, 76 P. 647 (construed and applied); 1 C. A. 189, 195, 81 P.
1029 (subd. 2 applied to transfer of shaues of capital stock and
acceptance of certificates); 3 C. A. 561, 567, 86 P. 820 (instance
of valid contract, though not negotiable, having all earmarks
of a novation).

As to novation generally, see note § 1530, ante.

Frauds, statute of, inapplicable. — See Kerr's Cyc. C. C. § 1532
and note par. 7.

§ 1532. NOVATION A CONTRACT. Novation is made by
contract, and is subject to all the rules concerning contracts
in general.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 7 pars, annotation.

54 C. 333, 338 (applied); 60 C. 387, 395 (referred to); 109 C.
571, 596, 42 P. 225 (applied); 3 C. A. 561, 567, 86 P. 820 (instance
of valid contract, though not negotiable, having all earmarks
of a novation).

As to novation generally, see note 1530, ante.

§ 1533. RESCISSION OF NOVATION. When the obliga-
tion of a third person, or an order upon such person, is

832






Tit.IV.Ch.VI.] RELEASE. § 1541

accepted in satisfaction, the creditor may rescind such accept-
ance if the debtor prevents such person from complying with
the order, or from fulfilling the obligation; or if, at the time
the obligation or order is received, such person is insolvent,
and this fact is unknown to the creditor, or if, before the
creditor can with reasonable diligence present the order to
the person upon whom it is given, he becomes insolvent.

HiNtory: Enacted March 21, 1872; amendod March 30. 1871,
Code Amdts. 1873-4, p. 241.

As to novation generally, see note 1530, ante.



CHAPTER VI.

RELEASE.

§ 1541. Obligation extinguished by release.

§ 1542. Certain claims not affected by general release.

§ 1543. Release of [one of] several joint debtors.

§ l.')*!. (M{I>IGATI()> EXTI>GriSIlED BY RELEASE.

An obligation is extinguished by a release therefrom given
to the debtor by the creditor, upon a new consideration, or
in writing, with or without new consideration.

IliMtory: Knactrd March 21, 1872.

Sec Kerr's Cyc. C. C. for 10 pars, annotation.

57 C. 49, 51 (referred to as inapplicable); 78 C. 552. 555, 21 P.
304, 305 (construed); 49 P. 719 (construed and applied); 121 C.
247. 253. 53 P. 648 (construed); 1 C. A. 659. 664, 82 P. 1075
(applied to promissory notes — death of original payee without
having received payment).

ui!:m!:ase:.

Action between joint tort-feasors on claim satisllod by and
assigned to one of them. — See 9 A. C 519.

As a conveyance. — See 7 W. & P. 6059.

As affecting right of action for death. — See 3 J L. 790.

As constituting a legacy. — See 7 W. & P. 6060.

As termination of interest. — See 7 W. & P. 6061.

As to an off(>r of partial performance. — See Kerr's Cyc. < ". > '.
§ 1486 and note.

As waiver of relin(|uishnient. — See 37 L. 305; 7 W. & P. 6061.
Kerrs C. C. — 27 833



§ 1541 " CIVIL CODE. [Div.III,Pt.L

By infant of cause of action ex delicto, avoidance. — See 11 L.
N. S. 690.

By servant after injury lias been received and without refer-
ence to a prior contract with a relief association. — See 11 L. N.
S. 194.

Covenant not to sue is not such a release as will discharge
.co-trespasser. — See 66 C. 163; 4 P. 1165.

Definition of. — See 8 A. C. 344; 7 W. & P. 6058.

Effect of, of claim for personal injuries upon right to recover
unknown or subsequently developed injury. — See 4 A. C. 548.

Effect of release of a join tort-feasor. — See 1 A. C. 63.

Effect of release of joint tort-feasor not actually liable.— See
8 A. C. 1042.

Effect of release of one joint tort-feasor on liability of the
other. — See 58 L. 293.

Effect of releasor's mental incapacity upon release of claim
for personal injuries. — See 3 A. C. 574.

Effect of servant's discharge froin personal liability upon
master's liability for servant's act. — See 9 A. C. 660.

Effect of specification of particular claim to limit import of
general release. — See 8 L. N. S. 1034.

Extinguishment distinguished. — See 75 A. D. 243; 7 W. & P.
6060.

Law governing release of claim for damages for death or
bodily injury.— See 56 L. 223.

Misrepresentations or undue influence by physician — Effect of
to avoid release. — See 5 L. N. S. 663.

Necessity of returning to or tendering consideration upon
repudiation upon release of damages for personal injuries pro-
cured by fraud. — See 4 A. C. 655; 10 A. C. 739.

Of damages for construction of railroad in highway — Does
it include damages for elevation of grade. — See 10 L. N. S. 1202.

Of drawer and indorser by certification of check. — See 9 L. N.
S. 698.

Of interest in estate by one receiving advancement — Effect
on right to share in after-acquired property. — See 65 L. 578.

Of joint debtors, effect of. — See 5 L. 596.

Of one joint tort-feasor as affecting the liability of the others.
— See 92 A. S. 872.

Of one of several tort-feasors, effect of as to the others. — See
11 A. S. 906; 111 A. S. 281; also note § 1521, ante.

Offer of part performance — As to effect of, see Kerr's Cyc. C.
C. § 1486 and note.

Presumption of. — See 1 L. 191.

Receipt distinguished from. — See 7 W. & P. 6060.

Release by decedent as affecting riglit to recover for death by
wrongful act. — See 1 A. C. 232.

834



I



Tit.IV.ch.VI.] RELEASE OF ONE. §§1542.1543

RiKlit to reinstatement of mortgage wlierc released by mis-
take.— See 58 L. 788.

Stipulation making execution of tlie lease frt»m liability for
damages a condition precedent to payment of benefits out of
relief fund.— See 11 I.. N. S. 194.

§ ir)42. (Einvix (LA13IS xn affected hy gen-
eral RELEASE. A general release does not extend to
claims which the creditor does not know or suspect to exist
in his favor at the time of executing the release, which if
known by him must have materially affected his settlement
with the debtor.

History: Enacted March 21, 1872; amended March 30, lS7-f,
Code Amdts. 1873-4, p. 241.

See Kerr's Cyc. C. C. for 2 pars, annotation.

86 C. 248, 253, 254 (erroneously cited for § 2617), 21 A. S. 33
(same error), 24 P. 1018, 1019 (same error): 119 C. 463. 469. 51
P. 704 (construed); 134 C. 547, 548, 86 A. S. 294, 6G P. 730
(referred to).

As to release generally, see note § 1541, ante.

§ 1543. RELEASE OF [ONE OF] SEVERAL JOINT DERT-

ORS. A release of one of two or more joint debtors does
not extinguish the obligations of any of the others, unless
they are mere guarantors; nor does it affect their right to
contribution from him.

IliNtory: Enacted Marcli 21. 1872.

See Kerr's Cyc. C. C. for 11 pars, annotation.

63 C. 157, 158 (construed obiter): 68 C. 82, SO, 90. 8 P. 679
(referred to); 70 C. 108. 114, 9 P. 180. 11 P. 599 (applied); 76 C.
6, 7, 18 P. 81. 82 (applied); 86 C. 248, 253 (erroneously cited for
§2618), 21 A. S. 33 (same error), 24 P. 1018, 1019 (same error);
122 C. 651. 654, 55 P. 592 (referred to); 125 C. 508, 512, 58 P.
154 (cited); 130 C. 245. 254. 62 P. 466, 600 (applied); 133 C. 110.
113, 65 P. 125 (cited); 145 C. 529. 533. 78 P. 1038 (principle that
release of principal will discharge obligation as to surety can-
not be applied in what cases); 146 C. 168. 171. 79 P. 866 (this
section includes all releases); 1 C. A. 659, 665. 666. 82 P. 1075
(cited and applied).

As to release generally, see note § 1541. ante.

Guarantor exonerated, how. — See Kerr's Cyc. C. C. § 2819 and
note.

835



§1549



CIVIL CODE.



[Div.III.Pt.II.



PART II.

CONTRACTS.

Title I. Nature of a Contract, §§ 1549-1615.

II. Manner of Creating Contracts, §§ 1619-1629.

III. Interpretation of Contracts, §§ 1635-1661,

IV. Unlawful Contracts, §§ 1667-1676.

V. Extinction of Contracts, §§ 1682-1701.



TITLE I.

NATURE OF A CONTRACT.

Chapter I. Definition, §§ 1549, 1550.

II. Parties, §§ 1556-1559.

III. Consent, §§ 1565-1589.

IV. Object, §§ 1595-1599.

V. Consideration, §§ 1605-1615.

CHAPTER I.

DEFINITION.

§ 1549. Contract, what.

§ 1550. Essential elements of contract.



i



§ 1549. CONTRACT, WHAT. A contract is an agreement
to do or not to do a certain thing.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 14 pars, annotation.

78 C. 529, 536, 21 P. 179, 181 (construed and applied); 2 C. A.
55, 58, 83 P. 77 (transfer is executed contract, and no longer a
contract as defined In this section).

CONTRACTS — GENERALLY.

As to location of public building-. — See 4 L. N. S. 589.
As to location of railroad or depot. — See 6 L. N. S. 524.

836



ff



Tit.I.ch.I.] CONTRACTS, GENERALLY. § 1549

Abandonment and rescission of contract— As to, generally,
see 1 L. 827; 9 L. 608; 17 L. 779; 24 L. 231.

Abandonment or countermanding of one partj-. — See 94 A. S.

119.

Acceptance of chattel before agreement as to purchase price
as an assent to seller's price. — See 11 L. N. S. 254.

Acceptance of proposal must be unequivocal. — See 3 L. 94.

Admissibility of opinion evidence as to mental capacity of
person to execute contract or deed. — See 4 A. C. 888.

Agreement to comply with lease, as a consideration. — See 34

Agreement to comply with marriage contract, as a considera-
tion.— See 34 L. 37.

Agreement to g^ve property by will— Effect of upon right to
change will. — See 14 L. 861.

Same— Effect on right to transfer property during life. — Sec

14 L. 861.

Same — Validity of. — See 14 L. 860.

Agreement to induce public officer to do illegal act, or neglect
duty, invalid. — See 4 L. 682.

Agreement to pay money after death of promisor, validity of.
—See 14 L. 860.

Agreement to transfer future-acquired property in considera-
tion of maintenance. — See 70 L. 435.

Alimony after husband's death as affected by. — See 2 L. N. S.

241.

Alleged fraudulent grantee— Right to show judgment against
grantor was based on an immoral consideration. — See 67 L.
602.

Antenuptial agreements, required to be in writing. — See - L.

373; 3 L. 339.

Architects' certificates and engineers' estimates, effect of
when provided for in. — See 56 A. S. 312.

Assent to seller's price by acceptance of chattel before agree-
ment as to purchase price. — See 11 L. N. S. 254.

Assignment of lease of land, to be in writing. — See 15 L. 754.

Attorneys— Contracts between and their clients, when valid
and enforceable. — See 83 A. S. 159.

Same — What contracts of are void as against public policy.
See 13 A. S. 297.

Award upon claim arising out of illegal transaction.— See sjS

L. 181.

Bank book, entries in as. — See 24 L. 737.

Benefit to promisor and detriment to promisee, as a sufficient
consideration. — See 12 L. 65.

Bill of lading as. — See 4 L. 244.

Bona fide purchaser, within statute of frauds, who is. — See
31 L. 612.

837



§ 1549 CIVIL CODE. [Div.TII,Pt.II.

Books of account — Admissibility to prove performance or
breach of contract. — See 52 L. 714.

Breacli of — Abandonment or rescission cause of otlier party's
fault. — See 11 L. 196; 30 L. 33-69.

Breach of — Action against third persons for inducing. — See 97
A. S. 923.

Same-^Anticipatory, or prevention of performance, remedies
of parties to contract. — See 12 A. C. 1108.

Same — Conflict of laws as to measure of damages. — See 6 L.
856; 10 L. 826; 21 L. 233; 56 L. 301, 303; 59 L. 359; 62 L. 678.

Same— Damages for — As to, generally, see 3 L. 587; 6 L. 230;
26 L. 384; 47 L. 33; 56 L. 301; 61 L. 555.

Same — Same — Compensatory. — See 1 L. 656; ^2 L. 766; 2 L. 786;
3 L. 587; 4 L. 670; 5 L. 275; 9 L. 451; 10 L. 185; 15 L. 134; 18 L.
385; 32 L. 545; 37 L. 233; 43 L. 768; 52 L. 108.

Same — Same — Enhanced, minimizing. — See 1 L. 76; 6 L. 454;

16 L. 268.

Same — Same — Exemplary. — See 9 L. 445; 11 L. 43; 13 L. 600;

17 L. 71; 26 L. 779.

Same — Same — Liquidated, penalty. — See 6 L. 551; 10 L. 826:
13 L. 671; 55 L. 137; 55 L. 381.

Same — Excuse for non-performance. — See 12 L. 571; 14 L. 215;
16 L. 858; 23 L. 707.

Bribery and corruption, contracts tainted by, invalid. — See 3
L. 632; 4 L. 682;' 5 L. 217; 12 L. 120.

Broker's contract — Performance — Broker's presence at sale
by principal. — See 44 L. 617.

Same — Same — By real estate broker to find purchaser or effect
an exchange. — See 44 L. 593.

Same — Same — Necessity of a vrritten contract. — See 44 L. 601.

Same — Same — Time of performance. — See 44 L. 608.

Building contract — Construction of. — See 10 L. 826.

Same — Performance of. — See 5 L. 270.

Same — Substantial performance of. — See 30 A. S. 616.

Burden of proof of consideration, for transfer by husband to
wife. — See 56 L. 828.

By telegraph, and the admissibility of telegrams, as evidence.
—See 93 A. D. 514; 110 A. S. 742.

"By the elements," damages — What constitutes. — See 53 L.
763.

Capacity to make, as affected by mental conditions. — See 3
L. N. S. 174.

Change or extinguishment of contract — Fraud as ground of
equitable relief. — See 3 L. 806; 5 L. 153; 6 L. 836.

Same — Mistake as ground for equitable relief. — See 4 L. 483;
5 L. 153; 6 L. 835; 11 L. 857; 12 L. 273.

Same — Same — Mistake as to incidental or collateral matter. —
See 4 L. 483.

838



Tit.I.ch.I.] CONTRACTS, GENERALLY. § I549

Same — Same — Mistake as to legal right, effect of instrument.
—See 6 L. 837.

Same — Same — Mistake of fact. — See i L. 836.

Same — Same — Mistake of law or of legal right. — See 5 L.
154; 6 L. 386.

Same — Modification by agreement. — See 6 L. 551; 12 L. 274;
13 L. 633.

Same — Same — Necessity that mistake be material and void
from culpable negligence. — See 4 L. 483: 6 L. 835.

Same — Reformation of — Burden of proof on. — See 5 L. 159.

Same — Same — Enforcement of corrected agreement. — See 5 L.
159.

Same — Same — Equity jurisdiction. — See 3 L. 189; 5 L. 156; 12
L. 273.

Same — Same — Evidence on and character of required. — See 2
L. 190; 5 L. 159.

Same — Same — Of deed. — See 5 L. 158; 12 L. 274.

Same — Same — Same — In the description. — See 12 L. 274.

Same — Same — Of insurance contracts. — See 2 L. 64; 3 L. 189:
5 L. 712; 6 L. 200; 6 L. 838.

Same — Release and abandonment — As to, generally, see 1 L.
827; 6 I.,. 503; 9 L. 608; 11 L. 196; 17 L. 779; 24 L. 231; 33 L. 721.

Same — Right to rescind or abandon cause of other party's
fault — As to, generally, see 11 L. 196; 30 L. 33-69.

Check, gift of, necessity of consideration. — See 18 L. 855.

Civil liability for interference with contract relations. — See
2 A. C. 441.

Collateral oral agreement supplementing written contract by
proof of. — See 2 A. C. 148.

Commission to purchase personal property, to be Ijindins.
must be in writing. — See 11 L. N. S. 650.

Completion of contract in disregard of notice to desist riglits
on. — See 16 L. 655.

Completion of invalid contract as consideration for a promiso.
—See 5 L. N. S. 725.

Compliance with obligation to deliver papers or propfrt>'. a.*;
a consideration. — See 34 L. 35.

Computing time on contracts, first and last days in. — See 49 L.
205.

Concurrent promises, as sufficient consideration. — Si-e 12 L.
463.

Conditional execution of — As to generally, see 45 L. 321-348.

Conflict of laws as to statute of frauds. — See 64 L. 119.

Consideration — As to generally, see 2 L. 530: 12 L. S46: 67 L.



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