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ignorance" of fact of loss and "belief" in present existence
of property insured, when not material); 4 C. A. 371, 376, 88
P. 294 (instance of deed obtained by undue influence).

As to avoidence of contract for mutual mistake of facts,
see 45 A. D. 631-634.

As to carelessness as bar to relief, see 32 A. S. 384-388.

As to ignorance of fact as defense, see note 30 A. R. 617-
620; 55 A. S. 512-514.

As to ignorance or mistake of facts and equitable relief,
see 55 A. S. 504.

As to innocence of .mistake of facts, see 55 A. S. 504-507.

As to many miscellaneous inatters as to contracts, see note
§ 1549, ante.

§ 1578. MISTAKE OF LAW. Mistake of law constitutes a
mistake, within the meaning of this article, only when it
arises from:

1. A inisapprehonsioii of the law hj all parties, all suppos-
ing that they knew and understood it, and all making substan-
tially the same mistake as to the law; or,

2. A misappreliensiou of the law by one party, of which the
others are aware at the time of contracting, but which they
do not rectify.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 60 pars, annotation.

95 C. 63, 74, 30 P. 301 (construed and applied); 119 C. 463,
468, 469, 51 P. 704 (construed and applied); 127 C. 532, 537, 78
A. S. 81, 59 P. 991 (construed and applied); 129 C. 475, 478, 62

873



§§ 1579, 1580 CIVIL CODE. [Div.III.Pt.II.

P. 72 (construed and applied); 130 C. 478, 479, 62 P. 734 (con-
strued and applied); 134 C. 547, 548, 86 A. S. 294, 66 P. 730
(construed and applied); 68 P. 484, 486 (construed and applied);
138 C. 668, 671, 72 P. 149 (construed and applied with other
sections); 3 C. A. 422, 426, 89 P. 358 (subd. 2 applied — defend-
ant's mif^take of law).

As to carelessness as bar to relief, see 32 A. S. 384.

As to distinction existing between ignorance and mistake
of law, see 23 A. D. 164.

As to ignorance of law, see 10 A. D. 323-328; 15 A. R. 171-
384; 12 A. S. 130; 55 A. S. 497; 5 L. 152; 6 L. 35; 9 Paige Cli.
(N. Y.) 4 L. ed. 661-663.

As to many miscellaneous matters as to contracts, see note
§ 1549, ante.

As to mistake in contracts and equitable relief for same, see
14 A. S. 440.

As to mistake in law, and when relieved against in equity,
see 76 A. D. 550.

As to negligence as bar to relief against judgments, see
53 A. S. 444-453. 900.

As to relief against deeds in judicial sales, see 65 A. S. 514.

As to relief against guaranty or suretyship, see 65 A. S. 521.

As to relief against leases and releases on ground of mis-
take, see 65 A. S. 520.

As to reformation of contracts on ground of mistake, see
65 A. S. 481, 507, 514.

As to relief against note on ground of mistake, see 65 A.
S. 519.

As to relief against voluntary conveyance on ground of mis-
take, see 65 A. S. 521.

As to relief froni mortgage on ground of mistake, see 65
A. S. 517-519.

As to relief in insurance policies, see 65 A. S. 514-517.

§1579. MISTAKE OF FOREIGN LAWS. Mistake of for-
eign laws is a mistake of fact.

History: Enacted March 21, 1872.

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

As to many miscellaneous matters as to contracts, see note
§ 1549, ante.

As to proof of foreign laws, see Kerr's Cyc. C. C. P. §§ 1900,
1901 and notes; 25 L. 449-468.

§1580. mJTUALITY OF CONSENT. Consent is not
mutual, unless the parties all agree upon the same thing in

874



Tit.I.ch.III.] CONSENT, ACCEPTANCE. §§ 1581, 1582

the same sense. But in certain cases defined by the' chapter
on interpretation, they are to be deemed so to agree without
regard to the fact.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 54 pars, annotation.

60 C. 387, 392 (construed with §2832); 137 C. 685, 692, 70 P.
771 (construed with §2832); 1 C. A. 749, 751, 752, 82 P. 1055
(no contract by letters when, for lack of mutual consent).

As to many miscellaneous matters as to contracts, see note
§ 1549, ante.

As to option contract, see 24 A. S. 24.

As to rights conferred by a refusal of option, see 21 L. 12.7-
133.

§ 1581. COMirUMCATION OF CONSENT. Consent can be
communicated with effect, only by some act or omission of
the party contracting, by which he intends to communicate
it, or which necessarily tends to such communication.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 18 pars, annotation.

140 C. 157, 162, 73 P. 840 (necessity of parties to contract
communicating consent, to whom, and how).

As to many miscellaneous matters as to contracts, see note
§ 1549, ante.

§1582. MODE OF COMMUNICATING ACCEPTANCE OF
PROPOSAL. If a proposal prescribes any conditions concern-
ing the communication of its acceptance, the proposer is not
bound unless they are conformed to; but in other cases any
reasonable and usual mode may be adopted.

History: Enacted March 21, 1872.

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

115 C. 512, 515, 47 P. 250 (construed and applied with other
sections); 123 C. 428, 431, 56 P. 103 (construed and applied with
other sections).

As to conditional execution of contract under parol agree-
ment that it shall not take effect until others have signed it,
see note 45 L. 321-348.

As to many miscellaneous matters as to contracts, see note
§ 1549, ante.

As to necessity of acceptance being unconditional, see note
32 A. R. 51.

875



§§ 1583, 1584 CIVIL CODE. [Div.III,Pt.II.

As to when immaterial addition to acceptance does not
avoid it, see note 32 A. R. 51, 52.

§1583. WHEN COMMUMCATIOIV DEEMED COMPLETE.

Consent is deemed to be fully communicated between the
parties as soon as the party accepting a proposal has put his
acceptance in the course of transmission to the proposer, in
confer'^ ity to the last section.

History: Enacted March 21, 1872.

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

123 C. 428, 4"1, 56 P. 103 (construed and applied with other sec-
tions).

As to acceptance by letter, see 72 A. D. 38; 93 A. D. 515; 32 A.
R. 52.

As to many miscellaneous matters as to contracts, see note
§ 1549, ante.

As to when letter and telegram do not constitute an accept-
ance, see 48 A. R. 519.

§1584. ACCEPTANCE BY PERFORMANCE OF CONDI-
TIONS. Performance of the conditions of a proposal, or the
acceptance of the consideration offered with a proposal, is an
acceptance of the proposal.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 29 pars, annotation.

141 C. 699, 706, 75 P. 329 (construed and applied with § 1589).

As to claims against state for rewards, see 42 L. 33, 54,
63, 72.

As to contract and offer of reward, see 14 A. S. 69.

As to gift of promissory note given for subscription, see
26 L. 305-307, 308.

As to many miscellaneous matters as to contracts, see note
§ 1549, ante.

As to necessity of notice of acceptance, see 73 A. D. 638.

As to offer of reward for finding property, see 37 L. 111-126.

As to reward for arrest, see 11 L. 398.

As to right to recover subscription, see 13 A. D. 458; 58 A.
D. 714; 82 A. D. 121.

As to subscription for erection of church, see 79 A. D. 511.

As to subscription to common object, see 3 L. 468.

As to time for which reward is operative, see 26 A. R. 10.

As to validity of subscription to church made on Sunday, see
59 A. D. 713; 32 A. R. 560; 38 A. R. 165.

As to what is general offer of reward, see 26 A. R, 8.

876



I



Tit.T.ch.IIT.] ACCEPTANCE— REVOCATION. §§ 1585-1587

As to what is performance of offer of reward, see 73 A. D.

639; 26 A. R. 7-9.

As to when advertisement offering reward may become con-
tract, see 73 A. D. 638, 639.

As to when finder of lost property is entitled to, see 26 A. R. 9.

As to when information leading to arrest entitles party to
reward, see 26 A. R. 7-9.

As to whether subscription contract is joint or several, see

22 L. 80-83.

Subscriptions.— As to forfeiture of subscription contract on
breach of condition, see 13 L. 698.

§1585. ACCEPANCE MUST BE ABSOLUTE. An accept-
ance must be absolute and unqualified, or must include in
itself an acceptance of that character which the proposer can
separate from the rest, and which will conclude the person
accepting. A qualified acceptance is a new proposal.

History: Enacted March 21, 1872.

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

82 C. 84, 87, 22 P. 1136, 1137 (construed and applied); 140
C. 157, 161, 73 P. 840 (construed and applied); 145 C. 623, 625,
79 P. 366 (construed and applied).

As to many miscellaneous matters as to contracts, see note
§ 1549, ante.

§ 1586. REVOCATION OF PROPOSAL. A proposal may be
revoked at any time before its acceptance is communicated
to the proposer, but not afterwards.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 5 pars, annotation.
82 C. 84, 87, 22 P. 1136, 1137 (construed and applied).
As to many miscellaneous matters as to contracts, see note
§ 1549, ante.

§1587. REVOCATION, HOW MADE. A proposal is
revoked :

1. By the communication of notice of revocation by the pro-
poser to the other party, in the manner prescribed by sections
fifteen hundred and eighty-one and fifteen hundred and eighty-
three, before his acceptance has been communicated to the
former ;

2. By the lapse of the time prescribed in such proposal for

877



§§ 1588, 1589 CIVIL CODE. [Div.III,Pt.II.

its acceptance, or if no time is so prescribed, the lapse of a
reasonable time without communication of the acceptance;

3. By the failure of the acceptor to fulfil a condition prece-
dent to acceptance; or,

4. By the death or insanity of the proposer.

History: Enacted March 21, 1872.

See Kcii'o Gyc. C. C. for 17 pars, annotation.

As to many miscellaneous matters as to contracts, see note
§ 1549, ante.

As to responsibility of personal representatives for proposal
of a decedent, see 22 A. S. 815.

§ 1588. RATIFICATION OF CONTRACT, VOID FOR WANT

OF CONSENT. A contract which is voidable solely for want
of due consent, may be ratified by a subsequent consent.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 5 pars, annotation.
130 C. 431, 433, 62 P. 749 (construed and applied with § 1589).
As to many miscellaneous matters as to contracts, see note
§ 1549, ante.

§1589. ASSUMPTION OF OBLIGATION BY ACCEPT-
ANCE OF BENEFITS. A voluntary acceptance of the benefit
of a transaction is equivalent to a consent to all the obliga-
tions arising from it, so far as the facts are known, or ought
to be known, to the person accepting.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 20 pars, annotation.

86 C. 574, 577, 21 A. S. 63, 25 P. 52, 53, 10 L. 369 (construed
and applied); 100 C. 67, 72, 34 P. 527 (construed and applied):
105 C. 292, 296, 297, 298, 38 P. 726 (construed and applied);
113 C. 221, 231, 236, 41 P. 1017, 45 P. 252 (construed and ap-
plied with other sections); 113 C. 558, 561, 45 P. 838 (con-
strued and applied); 120 C. 571, 574, 65 A. S. 203, 52 P. 813
(construed); 130 C. 431, 433, 62 P. 749 (construed and applied
with §1588); 137 C. 22, 25, 69 P. 698 (construed and applied);
141 C. 699, 706, 75 P. 329 (construed and applied); 144 C. 104,
112, 77 P. 828 (construed and applied with other sections);
2 C. A. 393, 397, 84 P. 324 (applied to contract, by mining- cor-
poration, employing- superintendent).

As to many miscellaneous matters as to contracts, see note
§ 1549, ante.

878



Tit.I.ch.IV.] OBJECT OF, WHAT. §§ 15^5-1597

CHAPTER IV.

OBJECT OF A CONTRACT.

§ 1595. Object, what.

§ 1596. Requisites of object.

§ 1597. Impossibility, v/hat.

§ 159S. When contract wholly void.

§ 1599. When contract partially void.

§ 1595. OBJECT, 'WHAT. The object of a contract is the
thing which it is agreed, on the part of the party receiving
the consideration, to do or not to do.

History: Enacted March 21, 1872.

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

126 C. 591, 598, 77 A. S. 209, 59 P. 36 (construed with other
sections).

As to many miscellaneous matters as to contracts, see note
§ 1549, ante.

§ 1596. REQUISITES OF OBJECT. The object of a con-
tract must be lawful when the contract is made, and possible
and ascertainable by the time the contract is to be performed.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 11 pars, annotation.
As to many miscellaneous matters as to contracts, see note
§ 1549, ante.

§ 1597. IMPOSSIBILITY, WHAT. Everything is deemed
possible except that which is impossible in the nature of
things.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 28 pars, annotation.

(C. Dec. 23, 1885), 9 P. 106 (construed and applied).

As to act of God, see Kerr's Cyc. C. C. § 1511 pars. 2-11, note:
and § 1714 note par. 5.

As to impossibility arising from act of God, see Kerr's Cyc.
C. C. § 1511 note pars. 2-11; § 1714 note par. 5.

879



1598,1599



CIVIL CODE. [Div.III.Pt.II.



As to many miscellaneous matters as to contracts, see note
§ 1549, ante.

As to what excuses performance, see Kerr's Cyc. C. C. § 1511
and note.

§1598. WHEN CONTEACT WHOLLY VOID. Where a
contract has but a single object, and such object is unlawful,
whether in whole or in part, or wholly impossible of per-
formauce, oi sc vaguely expressed as to be wholly unascer-
tainable, the entire contract is void.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 9 pars, annotation.
132 C. 63, 65, 64 P. 131, 469 (construed and applied).
As to many miscellaneous matters as to contracts, see note
§ 1549, ante.

§ 1599. WHEN CONTRACT PARTIALLY YOID. Where a
contract has several distinct objects, of which one at least is
lawful, and one at least is unlawful, in whole or in part, the
contract is void as to the latter and valid as to the rest.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 47 pars, annotation.

59 C. 678, 682 (construed and applied); 34 P. 700 (construed
and applied); 136 C.-656, 660, 69 P. 495 (construed and applied).

As to building and analogous contracts and their entirety,
see 59 A. S. 285-289.

As to divisibility of contracts in restraint of trade, see 92
A. D. 764, 765.

As to entirety of contract for personal services, see 59 A. S.
289-291.

As to entirety of contracts and when complete performance
is essential to cause of action, see 59 A. S. 277-295.

As to full performance of entire contracts, generally, see 59
A. S. 281-283.

As to many miscellaneous matters as to contracts, see note
§ 1549, ante.

As to right to recover on a quantum meruit, see 1 L. 827.

As to right to rescind contract, see 1 L. 826.

As to what contracts are divisible, see 59 A. S. 279-281.

As to what is an entire contract, see 59 A. S. 277-279.

As to whether contract is entire or severable, see 1 L. 826, 827.



880



Tit.I,ch.V.] GOOD CONSIDERATION. § 1605

CHAPTER V.

CONSIDERATION.

§ 1605. Good consideration, what.

§ 160G. How far legal or moral obligation is a good consideration.

§ 1607. Consideration lawful.

§ 160S. Effect of its illegality.

§ 1609. Consideration executed or executory.

§ 1610. Executory consideration.

§ 1611. How ascertained.

§ 1612. Effect of impossibility of ascertaining consideration.

§ 1613. Same. [Possible of execution on face.]

§ 1614. Written instrument presumptive evidence of consideration.

§ 1615. Burden of proof to invalidate sufficient consideration.

§ 1605. GOOD CONSIDERATION, WHAT. Any benefit con-
ferred, or agreed to be conferred, upon the promisor, by any
other person, to which the promisor is not lawfully entitled,
or any prejudice suffered, or agreed to be suffered, by such
person, other than such as he is at the time of consent law-
fully bound to suffer, as an inducement to the promisor, is a
good consideration for a promise.

Hi.story: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 168 pars, annotation.

89 C. 643, 654, 27 P. 65, 66 (construed and applied); 104 C.
239, 242, 37 P. 904 (construed and applied); 40 P. 39, 40 (con-
strued and applied); 126 C. 591, 598, 77 A. S. 209, 59 P. 36 (con-
strued and applied with other sections); 68 P. 484, 485 (con-
strued and applied); 139 C. 165, 168, 72 P. 905 (construed and
applied); 145 C. 497, 500, 78 P. 1056 (construed and applied);

2 C. A. 715, 719, 84 P. 249 (delivery of insurance policy to one
entitled to it is not sufficient consideration for what promise) ;

3 C. A. 246, 248, 84 P. 1000 (applied — what agreement is suffi-
cient consideration); 3 C. A. 414, 416, 86 P. 824 (applied); 3
C. A. 561, 567, 86 P. 820 (distinct benefit conferred is sufficient
consideration).

As to additional promises on both sides, see 34 L. 33-37.

As to agreement to comply with lease as consideration for
new promise, see 34 L. 33-36.

As to compliance with obligation to deliver property, see
34 L. 33-35.

881



§ 1606 CIVIL CODE. [Div.III.Pt.II.

As to consideration in contract for permanent employment,
and similar agreements, see 35 L. 512-515, 517.

As to consideration in subscription contract to common
object, see 3 L. 468.

As to contract consideration of which contravenes statutes,
see 35 A. S. 806.

As to forbearance to sue as consideration to support prom-
ise, see.fiO A. D. 524-527; 36 A. S. 145-147.

As to many iiiiscellaneous matters as to contracts, see note
§ 1549, ante.

As to marriage as valuable consideration, see 12 L. 463.

As to meritorious consideration, see 34 A. S. 191-193.

As to mutual or concurrent promises, see 12 L. 463.

As to necessity and sufficiency of consideration, see 3 L.
468, 761; 5 L. 856; 12 L. 463; 13 L. 581.

As to payment of existing debt as consideration, see 34 L.
33-44.

As to performance of an act which party has agreed to do
as the consideration to support, contract with third party, see
34 L. 33-43.

As to performance of existing contract obligation as consid-
eration for new promise, see 34 L. 33-44.

As to position of party taking negotiable paper as collateral
security without new consideration, see 71 A. D. 499; 73 A. D.
88; 84 A. D. 405.

As to promise not to sue, see 34 L. 33-35.

As to promise to do duty as consideration, see 34 L. 33-37.

As to promise to release joint debtor, see 34 L. 35.

As to promises of additional compensation for completing
contract, see 34 L. 33-38.

As to pre-existing debt as valuable consideration, see 9 A. D.
272, 273; 12 A. D. 136; 68 A. D. 321; 89 A. D. 411; 33 A. R. 46;
8 A. S. 841; 14 A. S. 583; 32 A. S. 711, 712.

As to validity of chattel mortgages to secure pre-existing
debts, see 29 A. S. 483.

As to voluntary payment of another's debt, as consideration,
see 8 A. S. 841.

As to when consideration is valuable, see 2 L. 530.

Marriage contract, as to agreement to comply with, see 34
L. 33-37.



§ 1606. HOW FAK LEGAL OR MORAL OBLIGATION IS A
GOOD CONSIDERATION. An existing legal obligation rest-
ing upon the promisor, or a moral obligation originating in
some benefit conferred upon the promisor, or prejudice suf-
fered by the promisee, is also a good consideration for a

882



Tit.I,ch.V.] LAWFUL CONSIDERATION. § igOT

promise, to an extent corresponding with the extent of the
obligation, but no further or otherwise.

History: Enacted March 21, 1S72.

See Kerr's Cyc. C. C. for 48 pars, annotation.

112 C. 197, 205, 44 P. 557 (construed and applied); 3 C. A.
561, 567, 86 P. 820, 822 (applied to order to pay money to
become due).

As to cause of action on new promise to pay debt barred
by statute of limitations, see 95 A. D. 175.

As to consideration of promise by widow to pay debt con-
tracted during coverture, see 39 A. S. 742, 743.

As to consideration of promise to pay after debt released,
see 39 A. S. 736-739.

As to consideration of promise to pay debt barred by statute
of limitations, see 39 A. S. 739, 740.

As to many miscellaneous matters as to contracts, see note
§ 1549, ante.

As to mere moral obligation as consideration to uphold an
express promise, see 39 A. S. 735-746.

As to moral obligation imposed upon wife to pay husband's
debts, see Kerr's Cyc. C. C. § 1605 and note.

As to past act or transaction not being sufficient considera-
tion, see 39 A. S. 740-742.

As to promise to pay debt discliarged in bankruptcy, see 27
A. D. 287, 289.

As to what is sufficient to take case out of statute of limita-
tions, see 57 A. R. 334-336.

As to wife's promise to pay husband's pre-existing debt
barred by statute of limitations, see Kerr's Cyc. C. C. § 1605
and note.

§1607. CONSIDERATION LA^YFUL. The consideration
of a contract must be lawful within the meaning of section
sixteen hundred and sixty-seven.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 31 pars, annotation.

68 C. 29, 30, 8 P. 614, 615 (construed and applied with other
sections); 82 C. 642, 643, 23 P. 273, 274 (construed and applied
with §1608); 83 C. 173, 177, 23 P. 286, 288 (construed and
applied with other sections); 125 C. 119, 122, 73 A. S. 31, 57
P. 777, 45 L. 420 (construed and applied with other sections);
150 C. 159, 161, 88 P. 708 (consideration of notes given for
gambling debt is contra bonos mores); 46 F. 564, 567 (applied
with §§ 1608, 1615, and 1667 — mere want of consideration distin-
guished from illegal consideration — prima facie case of notice).

883



§ lg08 CIVIL, CODE. [Div.III,Pt.II.

As to action upon contract forbidden by law or subject to
penalty, see 73 A. S. 39.

As to application of the maxims ex turpi contractu non oritur
actio and in pari delicto potior est conditio defendentis, see
30 A. R. 106-112.

As to cohabitation as consideration, see 12 A. D. 676, 677.

As to compounding of felony and dismissal of prosecution
for as valuable consideration, see 49 A. R. 49-51.

As tc- ^o'-.tract<^ consideration of which is agreement to com-
pound or stifle criminal prosecutions, see 31 A. D. 600-604.

As to illegal contracts, see Kerr's Cyc. C. C. § 1667 and note.

As to many miscellaneous matters as to contracts, see note
§ 1549, ante.

§ 1608. EFFECT OF ITS ILLEGALITY. If any ^part of a
single consideration for one or more objects, or of several
considerations for a single object, is unlawful, the entire
contract is void.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 44 pars, annotation.

68 C. 29, 30, 8 P. 614, 615 (construed and applied with other
sections); 82 C. 642, 643, 23 P. 273, 274 (construed and applied
with §1607); 83 C. 173, 177, 23 P. 286, 288 (construed and
applied with other sections); 96 C. 106, 112, 31 A. S. 192, 30
P. 1022, 1024 (construed and applied); 125 C. 119, 122, 73 A.
S. 31, 57 P. 777, 45 L. 420 (construed and applied with other
sections); 131 C. 379, 384, 63 P. 692 (construed and applied);
136 C. 63, 67, 68 P. 324 (construed and applied); 149 C. 667,
676, 87 P. 276 (whatever may be effect of this section as to
contracts which are executory in whole or in part, it cannot
be construed so as to permit grantor of property who has
received and retained consideration for his conveyance to
recover the property upon the sole ground that the considera-
tion was unlawful in part); 46 F. 564, 567 (applied with §§1607,
1615, and 1667 — mere want of consideration distinguished from
illegal consideration — prima facie case of notice).

As to actions upon illegal contracts, see 8 A. D. 691.

As to effect of illegality, see 9 Cyc. 546-576.

As to consideration tending to obstruct the administration
of justice, see 37 A. D. 203.

As to consideration which is the stifling of a criminal prose-
cution, see 31 A. D. 600; 22 A. R. 121; 49 A. R. 48.

As to illegal consideration, see 6 Encyc. L. 757; 9 Cyc. 564-
566.

As to legality of wagers and betting and right to recover,
see 18 L. 859.

884



Tit.I,ch.V.] EXECUTED AND EXECUTORY. §§1609-1611

As to many miscellaneous matters as to contracts, see note

§ 1549, ante.

As to note founded on two distinct considerations, one valid
and the other invalid, see 25 A. D. 390.

As to rig-ht to recover money paid under an illegal contract,
see 12 A. D. 385; 67 A. D. 153.

§1609. CONSIDERATION EXECUTED OR EXECUTORY.

A consideration may be executed or executory, in whole or in
part. In so far as it is executory it is subject to the provis-
ions of chapter four of this title.

History: Enacted March 21, 1872.

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

90 C. 373, 375. 27 P. 294 (referred to with other sections); 3
C. A. 246, 248, 84 P. 1000 (applied).

As to- many miscellaneous matters as to contracts, see note

§ 1549, ante.

As to offer of reward, see Kerr's Cyc. C. C. § 1584, note par. 4.
As to option contract, see Kerr's Cyc. C. C. § 1580, note pars.

23 et seq. . c ,

As to subscription contract, see Kerr's Cyc. C. C. ^ lu84, note



Online LibraryCaliforniaThe 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 text (page 74 of 156)