CONTENTS. 1. Who are generally incompetent to sell, page 1. Infants, 2-lunatics, 3-married women, 5-traitors, felons, bankrupts and insol- 2. Who are relatively incompetent to sell, p. 7. Persons having no transferable title, 7—or standing in special relation to proposed purchaser which secures undue personal influence, ib. 3. Who are generally incompetent to purchase, p. 8. Corporations, except by license, &c., 8—unincorporated classes, ib.—aliens, re- cent and present law respecting, 8 to 10-infants, 10-lunatics, 12—married women, ib.-Roman Catholics, before 10th Geo. IV. c. 7, 13-traitors and fe- lons, ib.-bankrupts and insolvents, ib., 14. 4. Who are relatively incompetent to purchase, p. 15. Persons filling fiduciary character, 15-cases in which general rule applies 15 to 19-incompetent purchaser bound at option of parties, interested, 19—cases in which general rule does not apply, or is relaxed, &c., 19 to 22-nature of risk` incurred by fiduciary purchaser, 22 to 25—what time allowed for impeaching sale, 25-confirmation and acquiescence by cestuis que trust, 26. Whether by auction or private contract, 31, 32—together, or in parcels, 32, 33— precautions to secure advantageous sale, 33, 34-sale with consent, what con- Must be a gross sum, 35-reserved biddings, ib.-opening biddings in bankruptcy, 36-no liability on sale by auction below value, ib.—price on sales under Land Clauses Consolidation Act, ib.-rescinding contract, 37. 4. General points relating to sales by fiduciary vendors, p. 37. General liability, 37-sales by, seldom restrained, 38-liability of person assum- AS TO THE RELATIVE DUTIES OF VENDORS AND PURCHASERS 1. As to the disclosure or concealment of defects, incumbrances, &c., by vendor, p. 39. Vendor need not point out patent defect, 39-but must not conceal it, 40-sale by agent, ib.-must in equity disclose latent defect, ib.-must fully disclose title, 41 -but need not point out defects or matters of which purchaser has notice, ib.- lease is notice, ib.-what facts to be disclosed as material, ib.-inquiry of in- cumbrancers and trustees, &c., 42. 2. As to commendatory statements, &c., by vendor, p. 43. Puffing statements, 43-what mis-statement fatal at law and in equity, 44, 45— stranger, when liable for, ib.-guarantee of solvency, 46. 3. As to concealment, &c., of advantages by purchaser, p. 46. He need not disclose concealed advantage, 46-but must not mislead vendor, ib.— must disclose fact increasing vendor's interest, ib. 4. As to depreciatory remarks, &c., by purchaser, p. 46. Purchaser depreciating property cannot sue in equity, 46-whether liable to ac- 1. General matters relating thereto and their construction, p. 48. Construed strictly against vendor, but not so as to contravene law or custom, 48— purchaser when bound by catching conditions, 49-particulars, &c., cannot be contradicted, &c., by parol, except on behalf of defendant in equity, 50-altera- tion of printed particulars, ib.-sale without reserve, 51. 2. As to the preparation and contents of particulars, p. 51. Description of property, 51—what estate and advantages implied, ib.—minerals, when not included, 52-permanent charges, &c., to be stated, ib.—unless pur- chaser has notice, 53-but there must be no misrepresentation, &c., ib., 54—re- moval of buildings when to be stated, ib.-reference to plan, 55-showing in- tended improvements, ib.-adjoining land described as building land, ib.-mean- Against retracting biddings, 57-for reserved biddings, ib.- -as to the deposit, ib.— abstract, 57, 58-time for completion, and interest, 58 to 60-conveyance, 60- apportionment of rent, ib.-crops, fixtures, and timber, 61-mis-descriptions and compensation, 62 to 65-deeds, attested copies, &c., 65, 66-title, &c., 66 to 68- identity, 69-expenses, 70-indemnity, ib.-time for objections, 70 to 72-resale and forfeiture of deposit, 73-facts stated in, must be proved, ib. 4. What special conditions are generally requisite in various specified cases, p. 74. On sale of inclosed lands, 74-lands formerly waste, ib.-enfranchised copyholds, ib.-copy holds late waste, 75-leaseholds, ib.-renewable leaseholds, 76--rever- 1. Auction, what it is, p. 80. Defined, 80-express direction to sell by, ib. 2. The auctioneer, his liabilities, power, and remuneration, p. 80. When liable as principal, 80-cannot vary terms after sale, ib.-his power, rights, and liabilities as respects deposit, 81-commission, 82-insolvent, vendor bears loss, ib.-agent for parties within statute of frauds, ib.—revocation of his autho- How appointed, 83-private instructions to, 84-apparent agent, ib.-purchaser, how bound by acts of, ib.-agency denied, ib.-contract by agent, nominally as principal, or by nominal agent, 85-contract by, how to be signed, ib.—-of un- disclosed principal, 86-has no implied power to receive purchase-money, ib.--- order to, to pay it over, ib.-commission, ib.-authority of, may be revoked, ib. 1. General necessity for a writton agreement, p. 91. Statute of Frauds, 91—what sales not within, ib.—parol agreement for lease, &c., void, ib.-parol license, 92—agreement substantially for sale, ib.—void agree- ment may excuse trespass, 93-written transfer of parol agreement, ib.—what shares within 4th section, ib.-growing crops, 93 to 95-tenants' agreements, 95 -agreements as to rent, ib.-agreement partially void, when void in toto, 96. 2. Preparation of formal agreements, p. 96. Representatives, whether to be named in, 96-agreement on sale by auction refers to particulars, &c., ib.- -on private sale, comprises what, ib.- -on sale to railway 3. What informal documents may constitute an agreement, p. 97. What a sufficient agreement, 97-letters, receipt for money, entry of sale, arbitra- tion bond, notice by or to company, 97 to 99-rent rolls, abstract, insufficient, 99 -letters, when insufficient, ib.-recital, sufficient, 100-document must consist with alleged parol agreement, ib.-names of parties, ib.-offer by letter, 101- 4. The signature, p. 105. Of party charged sufficient, 105-other party must elect, ib.—what sufficient, 106- 5. The stamps, p. 109. What necessary on agreement, 109-several, when requisite, 110-loss of un- 6. Illegal agreements, p. 111. Agreement for illegal purpose, void, 111-champerty and maintenance, 111, 112— CHAPTER VII. EFFECT OF THE CONTRACT ON RIGHTS OF THE PARTIES. 1. Purchaser entitled to estate and vendor to purchase-money, p. 114. Estate bound though vendor a trustee, &c., 114. 2. Purchaser's general rights under contract as against vendor, p. 115. 3. Vendor's general rights under contract against purchaser, p. 118. 4. Rights of vendor and purchaser, inter se, not affected by death, bankruptcy, &c., 5. Death of vendor before completion, its effect on relative rights of his real and per- Purchase-moneys go to personal, and interim rents and legal estate to real repre- 6. Death of purchaser before completion: its effect on relative rights of his real and Such rights depended on his liability to perform contract, 125-if not so liable, heir had no claim on personal estate, ib.—relative rights of heir and devisee, 7. Effect of contract in various special cases, p. 128. Mortgagee selling, may sue for mortgage debt, 128-liability of equitable pur- CHAPTER VIII. AS TO THE ABSTRACT. 1. General matters relating to the abstract, p. 130. Purchaser's right to, and to retain, 130—must be given up, if contract abandoned, 2. When it is perfect ;—what it must contain and show, p. 131. When perfect, 131-should state written consent of consenting parties, 132-- 3. What should be furnished in various cases, p. 134. 4. Its preparation, contents, and delivery, p. 140. It should commence with a document, 140-of what kind, 140 to 142-exception, 5. Its examination and perusal, p. 147. When to be compared with deeds, 147-consulting counsel, ib.-its perusal, 148 6. Verification of the abstract, p. 149. What evidence requisite in proof of documents and facts, 149—of private Acts, |