INDEX. THE REFERENCES ARE TO PAGES. ABOUT, effect of, in sale contracts, 135. A. to pass title at common law, 90. to satisfy Statute of Frauds, 91-98. effect of, on buyer's rights against defaulting seller, 155-161. AGENT, signature to memorandum by, 49. common carrier is, when, 95. may exercise right of stoppage in transitu, 271. ANNUAL CROPS, 28. APPRAISAL OF GOODS, as a condition, 106. APPROVAL OF GOODS, delivery by, 188, 190. AUCTION SALES, 41. B. BAILMENT, differs from sale, how, 34-36. BANKRUPTCY OF BUYER, right of seller to rescind, after, 291. BARGAIN AND SALE, nature of, 1, 3, 53–63. of goods not actually existing, 12-15. The references are to pages. BARGAIN AND SALE,- continued. goods must be specific, 53. when goods are part of a mass, 54-56. of unascertained or future goods, impossible, 71. differs from sale, how, 38. BILL OF LADING, as a means of reserving the right of disposal, 80-87. to shipper or his order, 80. as security for draft for price, 83. includes railroad receipt, 84. delivery of, 189. authority of holder of, to sell, 208. negotiability of, 83. not fully negotiable, 209-211. transfer of, and stoppage in transitu, 278–281. BONA FIDE PURCHASER, 201, 213, 214, 224, 278, 279. BREACH OF CONTRACT, action for, 3. BREEDER OF ANIMALS, BROKERS' NOTES, 50, 51. in case of promissory condition, 99. BUYER, power of, to pass title under bill of lading, 84. rights of, upon complying with seller's conditions, 85. as bailee of goods contracted for, 87. rights of, under sale contract, 99-251. right of, to title, 110, 116. right of, to agreed article, 116-121. right of, to rely on seller's skill or judgment, 124. must rely on his own judgment, when, 126-128. rights of, against a dealer, 129. is entitled to merchantable goods, 131. is entitled to stipulated quantity, 134. all that buyer requires, 135. all that seller produces, 135. is entitled to have them separated from others, 139. is entitled to inspect the goods, 139–142. rights of, against seller for breach of engagement, 154-161. effect of his acceptance of the goods, 155-159. BUYER, continued. - The references are to pages. rights of, against third parties, 160, 161. rights of, upon breach of warranty, 162-166. rights of, to possession, 167. rights and duties under instalment contracts, 175–183. from conditional vendee, 216. right to damages, 237-244. duties of, 252–296. liability of, upon repudiation, 257–262. breach of, not amounting to repudiation, 262. liability of, for expense of keeping, 263. title of, on resale of goods by seller, 290. C. CARGO, meaning of, in sale contract, 137. CASH SALE, conditional character of, 59-60, 195. CAVEAT EMPTOR, 116, 121. CHANCE, sale of, 16. CHATTEL MORTGAGES, on goods having potential existence, 12. on after-acquired goods, 14. differs from sale, how, 34. CODE NAPOLEON, provisions of, as to possession and title, 299. C. O. D. SALES, 62. COMMON CARRIER, is buyer's agent to receive but not to accept, 95. and stoppage in transitu, 273. CONDITION, payment by cash or note may be a, 61, 195. making goods deliverable as a, 64. weighing, measuring, or testing as a, 66-68. attached to passing of title, 72, 77, 78–87. subsequent, in sale with option to repurchase, 98. classification of conditions, 101-104. promissory, nature of, 102, 145, 162, 165, 174. provisions, which are mere conditions, 105-109. that goods sold by description shall conform to it, 119. The references are to pages. CONDITION, - continued. that goods are merchantable, 131. seller's duty to give possession as a, 167-175. imposed by copyright owners, 222. effect of part payment on passing title, 62. law applicable to, 218. anomalous doctrines in, 218. transformable into absolute sale, 219. risk of loss, after delivery, 221. how affected by statutes, 221. necessary to a sale, 4, 40. CONTRACT OF SALE, nature and formalities of, 1–52. executed and executory, characteristics of, 3. definition of, in Louisiana, 4, 5. under Statute of Frauds, 17-25, 44-52. of existing, specific goods, 64-71. primary object of, 99. CONTRACT TO SELL, characteristics of, 3, 252. form of, under Statute of Frauds, 44-52. may become bargain and sale, 57-63. nature of, 64-89. primary object of, 99. implies engagement to supply agreed article, 116. by description, 119. specific performance of, 236. premature repudiation of, 251-261. rescission of, 291–296. COPYRIGHT OWNERS, conditions imposed by, 222. CORPOREAL MOVABLES, 7-9. CUSTOM OF MERCHANTS, and stoppage in transitu, 269. DAMAGES, The references are to pages. D. for breach of promissory condition, 102. for breach of engagement to confer title, 114. for breach of engagement as to quiet possession, 115. for breach of instalment contracts, 181. general rule, 237. market value as element in, 238. for breach of a fraudulent promissory condition, 240. special, as distinguished from general, 241-244. injured party bound to minimize, 245. for breach of warranty, 246-249. on sale of fruit trees, 248. on sale of diseased animals, or poison, 248-249. for non-acceptance of goods, 256-263. measure of, when buyer repudiates, 259. DEALER, engagements of, 129, 130. DELIVERABLE, goods to be made by seller, 64, 78. notice that goods are, 66. to shipper, or his order, 81. DELIVERY, seller engages to make, 1, 167-195. of goods, as a condition precedent to transfer of title, 77. waiver of, 77. effect of improper delay in, 88. constructive, 90. of agreed goods, mingled with others, 139. place of, is place of inspection, 141. tender and place of, 168–172. time of, when an essential term or condition, 173. by instalments, 175. without change of location, 184–190. symbolical, 186. by attornment, 188. by document of title, 189. to a carrier, 191-194. partial, under entire contract, 195. under rule that vendor's retention of possession is a fraud, 229. |
