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TABLE OF CONTENTS.
THE LAW IN GENERAL
Definition. Kinds of law. Classification of municipal law. Statu-
tory law. The common or unwritten law. Criminal law.
Commercial law. Object and necessity of law.....
Origin of our government. Constitution defined. Difference be-
tween state and federal government. Important powers of
Congress. Some powers denied to Congress. Powers which
the State cannot exercise. Some personal rights guaranteed
by the constitution. The Wisconsin constitution; important
PROPERTY AND THE FORMS OF OWNERSHIP AND THE
RIGHTS AND REMEDIES OF CO-OWNERS.
Property defined. What is not property. Absolute or qualified in-
terest. Kinds of property. Kinds of personal property. Meth-
ods of acquisition. How property may be held: Tenancy in
common; Tenancy by the entirety; Tenancy by partnership.
Joint tenancy not favored. Rights of co-tenants. Suits be-
tween co-tenants: Various remedies outlined..
THE LAW OF CONTRACTS.
Definition and Classification.
Contract defined. Specialty, executed and executory contract de-
Mutuality. The offer. Manner of making offer. Manner and time
of acceptance. Assent apparently obtained. Duress. Fraud.
Mistake. Signing without reading. Intoxication. Ratifica-
tion. Signing and delivery...
Parties to a Contract.
General rule. Infants. Married women. Aliens. Alien enemies.
Insanity. Spendthrifts. Joint contracts. Who is bound by a
contract. Substitution. Novation. Assignment. Effect of
Consideration defined. Kinds of consideration. Adequacy of con-
sideration. Contracts under seal. Valuable consideration.
Mutual promises. Insufficient consideration. Past or execut-
ed consideration. Evidence of consideration. Failure of con-
The Subject-Matter of Contracts.
Construction. Fraud and mistake. Lawfulness. Impossible con-
tracts. Alteration of written instruments. Entire and divis-
ible contracts. Conditions.
RESCISSION, BREACH AND PERFORMANCE OF CONTRACTS
In general. Rescission defined. Some instances of rescission.
Breach. Performance. Damages......
Generally. Contracts against positive law. Restraint of trade.
Restraint of domestic relations. Contracts for obstructing
justice. Contracts to injure third persons. Contracts injuri-
ous to the public. Trusts and monopolies. Labor combina-
tions. Gambling contracts. Board of trade contracts. Sunday
contracts. Rights of parties to an illegal contract..
INFANTS AND THEIR CONTRACTS.
Generally. When contracts of infants are valid. Voidable contracts.
Infants liable for torts. Emancipation. Criminal responsibil-
PROPERTY RIGHTS AND CONTRACTS OF MARRIED WOMEN.
Introduction. Married women may transact business and sue. PAGE
Contracts and earnings of. Separate estate. Separate bus-
iness. Express charge on estate. Rights of husband and
wife in each other's property. Insurance of husband's life... 106-122
THE STATUTE OF FRAUDS.
Definition, origin and purpose. As to realty: Wisconsin statutes
quoted and discussed. As to personalty: Wisconsin statutes
quoted and discussed........
FRAUD AND ITS EFFECTS.
Generally. The representation: defined and discussed. Knowledge
of falsity. Ignorance of falsity. Intent to deceive. Dam-
Explanatory. When conveyances are and are not fraudulent.
Conveyances with power of revocation. Void conveyances of
personalty. Fraud presumed if possession is not changed. Con-
veyances in fraud of creditors. Purchasers without notice.
Wisconsin statutes explained and discussed.
TENDER AND PAYMENT.
Tender defined. What is legal tender. Discussion
Defined. By and to whom payment may be made. Time and
place of payment. Application of payments. Wisconsin rule
as to partial payments.....
STATUTES OF LIMITATION.
Purpose of the statutes explained. Wisconsin statutes set out.
When the statutes begin to run. What interrupts the run-
ning of the statutes. Acts which revive the claim and start
the statutes afresh. Statutes do not affect collateral security. 164-169
GUARANTY AND SURETYSHIP.
Guaranty defined. Must be in writing. Distinguished from other PAGE
contracts. Kinds of guaranties. Notice of acceptance to
guarantor. Notice to guarantor of default. Assignment of
guaranty. Rights of guarantor against principal................... 170-182
Suretyship defined. Rights of surety against principal. Rights
of surety against creditor. Contribution. Discharge of surety. 182-188
SALES OF PERSONAL PROPERTY.
Definition. Statute of Frauds. What may be sold. Passing of
title. Decisions on passing of title. Delivery. Decisions on
delivery. Acceptance and refusal to accept. Payment.
Rescission. Stoppage in transitu. Warranties. What amounts
to a warranty. Decisions on warranty. Implied warranties.
Decisions on implied warranties. Breach of warranty
waiver. Remedies of seller. Remedies of buyer. Who
CHATTEL MORTGAGES AND CONDITIONAL SALES.
Definition. Parties to a chattel mortgage. What may be mort-
gaged. Mortgages on exempt property. Mortgages on stock
in trade. Description of mortgaged property. Filing of
chattel mortgage. Renewal of chattel mortgage. Mortgag-
or's rights. Mortgagee's rights. Sale under chattel mort-
gage. Discharge and assignment. Fraudulent mortgages:
Who may complain.......
Definition. Contracts to be in writing and filed. Decisions.
Contracts for the sale of household goods..
SECTION 1. - Introductory
SECTION II. - Definition
Negotiable Instruments in General.
Form and interpretation. Requisites of negotiable paper. What PAGE
does and what does not affect negotiability. When instru-
ment is payable on demand; when to order or bearer. Memo-
randa on instrument. Ante or post dating. Undated instru-
ments. Incomplete instruments. Contracts on negotiable pa-
per. Construction of ambiguities. Assumed names. Signa-
ture by agent: when agent liable. Indorsement by cor-
poration or infant. Forgery..
Presumptions. Value defined. Value presumed. When holder has
a lien. Absence of consideration matter of defense. Ac-
commodation party defined...........
When instrument is negotiated. What is indorsement. Special or
blank indorsement. Restrictive indorsement. Qualified in-
dorsement. Conditional indorsement. Indorsement when pay-
able to bearer, or to two or more persons or when drawn to
fiscal officer. Misspelled names. Erasing indorsements.
Transfer without indorsement.
Rights of the Holder.
Holder may sue. Holder in due course defined. Who is not a
holder in due course. Notice of infirmity in the instrument.
Defective title. Rights of holder in due course. Holder oth-
er than in due course. Burden of proof as to title........... 285-289
Liability of parties.
Liablity of maker, drawer, acceptor and indorsers. Liability of
indorser in blank. Warranty. How indorsers are liable...... 289-291
Presentment for Payment.
When presentment is necessary. What is sufficient presentment.
Presentment in case of death: to partners and joint debtors.
When presentment is dispensed with
Di s ho no r.
Dishonor by non-payment. Days of grace abolished. Time and
place of payment.