DAMAGES

Exce i vum in jure reprobatur. Ezce us in re quali'bet jnre reprobatur comm1:µ1i, Co. Litt. 44. Exce in law ls reprehended. Exce in anything is reprehended at common law. EXCHANGE, In conveyancing. A · mutual grant of equal interests, (in lands or tenements,) the one in consideration of the other. 2 Bl. Comm. 323; Windsor v. Collins on, 32 Or. 297, 52 Pac. 26; Gamble v. McClure, 69 Pa. 282; Hart well v. De Vault, 159 Ill. 325,' 42 N. E. 789; Long v. Fuller, 21 Wis. 121.,In the United States, it appears, exchange.does not differ from bargain and sale. See 2 Bouv. Inst. 2055. In commercial law, A negotiation by which one person transfers to another funds which he has in a certain place, either at a price agreed upon or which ls fixed by commercial usage. Nicely v. Bank, 15 Ind. App. 563, 44 N. E. 572, 57 Am. St. Rep. 245; Smith v. Kendall, 9 Mich.. 241, 80 Am. Dec. 83. The profit which arises from a maritime loan, when such profit is a percentage on the money lent, considering ft in the light of money lent In one place to be returned in another, with a difference in amount in the sum borrowed and that paid, arising from the difference of time and place. The term is commonly used in this sense by French writ· ers. Hall, Emerig. Mar. Loans, 56n. A public place where merchants, brokers, factors, etc., meet to transact their busine . In law of personal property, Exchange of goods is a commutation, transmutation, or transfer of goods for other goods, as distinguished from sale, which is a transfer of goods for money. 2 Bl. Comm. 446; 2 Steph. Comm. 120; Elwell v. Chamber lin, 31 N. Y. 624; Cooper v. State, 37.Ark. 418; Preston V. Keene, 14 Pet. 137, 10 L. Ed. 387. Exchange ii; a contract by which the parties mutually give, or agree to give, one thing for another, neither thing, or both things, being money only. Civ. Code Cal. § 1804; Civ. Code Dak. § 1029; Civ. Code La. art. 2660... The distinction between 11. sale and exchange of property is rather one of shadow than of substance. In both cases the title to property is absolutely transferred; and the same rules of law. are applicable to. the transaction; wheth·,:;;e,;. the, cons i,de~on of the. contl"l\ct:i.~ q:io»Jl •ii•r by ·way of barter. It can malte no e ential OWELTY. [s. 464]