A Treatise on the Law of Sale of Personal Property, Volume 1

Sampul Depan
Callaghan, 1901 - 1578 halaman
 

Isi

Remedies of the seller
26
Concealment of latent defect
Nor by unpaid agent of seller
Unless otherwise agreed payment to be in lawful money
941
Must act promptly
Principal who has consigned goods to factor may stop
Must rescind in toto
What dispositions obnoxious to the statutes
Against buyer or one standing in his attitude
955
Mistake which would prevent formation will justify avoidance 842
1
That the Other Party is in Default
2
Under What Conditions Stoppage May be Effected
4
Must restore consideration
5
Acceptance of forged or invalid note
11
In general 1683
1
Implied Warranties of Quality
2
Same subject Reserving control
5
That the Other Party has Disabled Himself to Perform
6
Conflict of laws
7
Payment in sellers own note or debt
9
VOLUME I
9
Measure of damages for breach of warrantyIn general 1817 1818
9
In general
9
General considerations 1444
9
Absolute and conditional sales 7
9
CHAPTER V
12
Sale to be distinguished from bailment 19 20
17
Measure of damages for breach of warranty when goods bought
25
CHAPTER III
35
Delivery by instalments Breach of one of successive performances 1140
38
OF THE DELIVERY OF THE GOODS
41
Seller as agent of the buyer 1629 1630
42
What enactments render sale void 1044 1045
43
Alterations by consent in time or place of delivery 1151 1152
52
Sale to be distinguished from contract for work and labor
65
Supplying goods by several common owners to one of them Social
71
Classification of warranties 1233
76
Interception by buyers agent Agent to receive or forward 15581561
78
Weakness of mind and imposition combined
81
Partial insanityMonomania Sane interval 67
82
Who may disaffirm
93
In general
99
Substitution of a new contract 806
103
Introduction of new parties 808
103
Liability of infant for necessaries 122
103
Sale or exchange by infant voidable
106
What constitute necessaries
126
What here considered
132
Usually no rescission of executed sale for mere breach of warranty
135
Capacity of Partnerships
139
Who may rescind
142
Delivery as a requisite to the transfer of the title
143
May be rescission for fraudulent warranty 820
144
Partnerships as buyers
145
SALES BY PERSONS HAVING ONLY AN OSTENSIBLE TITLE
146
What delivery suffices
151
Appearance of title from possession of bill of lading or warehouse
158
Implied authority to sell
165
Express authority to buy 187
172
CHAPTER IV
180
The Thing to be Delivered
181
Authority of infant child to buy necessaries on parents credit
186
CHAPTER V
191
Price must be fixed with certainty 210
199
OF PERFORMANCE BY THE PURCHASER
201
Assent must be mutual unconditional and coexistent 219
203
Mere announcements or price lists not offers 224 225
209
Terms of sale must be fully agreed upon 234
217
The manner of resale 1640 1641
224
Manner of accepting
225
Right to withdraw offer 252
234
Withdrawal of acceptance 262
240
Mistakes of parties in making the contract 265
248
Mistake regarding the thing sold 270
254
Mistake as to terms of contract Price
262
CHAPTER
264
Payment of sellers debt to third person
266
Representations concerning soundness in animals 1268
270
Sale by description The English rule 1333
383
Delivery and receipt where goods are in possession of third person 387
387
BOOK II
391
Acceptance and receipt may precede passing of title
394
But it must actually be a part of the goods sold Sample Specimen
400
Who are purchasers
404
Must be a thing of some value
406
Or though something remains to be done to ascertain the price 496498
409
Necessity and nature of acceptance here 1369
415
Question of intention by whom decided
416
In general Payment as condition precedent when sale for cash 538 539
417
No particular method necessary Notice to stop 16051607
427
OF AVOIDANCE OF THE CONTRACT FOR FAILURE OF CONSID
439
Warranty against known defects Usually none 1272
447
Title may pass though possession retained Payment and deliv
449
Giving of note or security as condition precedent 546 547
457
Against what parties rescission had Any one not bona fide purchaser
461
Confusion respecting name 559
464
Sunday salesStatutes forbidding 1052
472
lien or mortgages 577579
473
How the rule applies to sales 1760
478
On conditional contract to sell no title passes until performance 585
482
Restores right of possession 1611
483
No damages for speculative or remote losses 17771779
486
The right of possession 594596
487
Time of resale 1642
488
Where the Goods have been Delivered
492
Statutes requiring filing or recording of contract 603 604
494
Caveat emptor 1800
499
Effect of vendees default 606608
500
General considerations 1645 1646
503
Nature of this right 16141616
511
Does recovery of goods bar action for price? 620623
512
Rescission for fraud 1804
515
Return of payments if property retaken by seller 629
519
Additions to or increase of property before payment 636
526
Effect of annexing goods to land 644647
534
Giving notice of name of ship 654
540
OF THE PERFORMANCE OF THE CONTRACT
541
Impossibility of Performance
542
Undertaking of seller to send ship or forward goods how sat
543
Stipulations in executory contracts as conditions 12061208
544
Sale if buyer satisfied 663
546
Definition of fraud 866
548
Within what time decision to be made 669
552
Conditions precedent to delivery Notice of readiness to deliver or
553
CHAPTER III
557
Nature of title acquired by vendee Risk of loss 677
558
Within what time option exercised 681
565
Title in vendee until right exercised 688
567
CHAPTER VII
571
CHAPTER I
572
Method of identification immaterial 696
573
Warranty of merchantability arises on executory sale of merchan
578
Contracts respecting part of a mass of like constituents 704
580
Seller may recover price as for goods sold and delivered 1658
586
Nature of subject 718
592
In general 1060
594
General principles of law applicable
596
Assent to the appropriation 729
600
Actual delivery and acceptance necessary to sustain count for goods
604
Conformity to sample a condition precedent 1212
605
Buyer may recover for breach of warranty though he has not paid
606
How when buyer is to come and get the goods 734
610
Where time is fixed but not the place
613
Fitness for intended use a condition precedent 1214
615
How when seller is to send goods by carrier 736739
617
How this question determined 1061
621
Due care must be used in shipping 747
624
Undertaking of seller to deliver the goods how satisfied 1184
625
CHAPTER V
629
Title may pass sooner if such appears to have been intention 759
637
OF THE RESERVATION OF THE JUS DISPONENDI
645
Purpose of the chapter 1221
651
Such contracts conditioned on arrival of the goods
652
Bill of lading taken to sellers order 774776
653
Bill of lading consigning goods to buyer 788 789
662
How when goods sent C O D 793 794
669
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