DESCRIPTION,

sale by, 119, 120, 148.

The references are to pages.

DOCUMENT OF TITLE,

acceptance and receipt of, instead of goods, 97.
delivery of, 189.

warehouse receipt as, 189.

E.

EARNEST,

under Statute of Frauds, 42.

EMBLEMENTS, 28-31

ENCUMBRANCES,

engagement against, 115.

ENTIRE CONTRACTS, 160, 195-196.

EQUITY,

how it treats an attempted sale of future goods, 15.
ESTIMATED QUANTITY, 136.

ESTOPPEL,

title by, 56, 213, 222.

EXECUTORY AND EXECUTED CONTRACTS,
characteristics of, 3.

criticism of use of terms, 3, 53.

as to existing goods, 64-71.

as to unascertained or future goods, 71-78.
EXPRESS WARRANTIES, 147–153.

F.

FACT,

representation of a, 147.

FACTORS ACTS,

give a reputed ownership to possession, 225.]

52 & 53 Vict. c. 45, 300-304.

53 & 54 Vict. c. 40, 304.

history of, in Britain, 305-307.

of New York, 308.

of Massachusetts, 309.

history of, in United States, 311-315.

judicial interpretation of, 316–319.

FAULTS,

sale with all, 119.

FITNESS FOR A PARTICULAR PURPOSE, 121–127.

FIXTURES,

as goods, 31-33.

F. O. B. SALES, 74.

FOOD,

The references are to pages.

engagements of seller of, 133.

FORFEITURE,

of part payment, 61.

FRAUD,

effect of, by purchaser, 200-208.

effect of, by seller, 207.

vendor's retention of, as, 226–234.

FRAUDS, STATUTE OF. (SEE STATUTE of Frauds.)
FRUCTUS INDUSTRIALES, 28–30.

which have perished, contract for sale of, 16.

contract for sale of, distinguished from one for labor and materials,

17-29.

differ from interest in land, 25-33.

when minerals are, 26.

when ice is, 27.

soil products as, 28.

existing or specific, 64–71.

unascertained or future, 71-87.

mingled with those not ordered, 139.

cumbrous and portable, 170.

IMPLIED ENGAGEMENTS OF SELLER,

to pass title, 1, 110, 114.

to deliver goods, 1, 167.

as to fitness of goods for specified purpose, 121.
if manufacturer or producer, 124.

to permit inspection by buyer, 139.

warranties as, 154.

INSOLVENCY,

meaning of, 268, 272.

effect of buyer's, on seller's lien, 268.

effect of buyer's, on stoppage in transitu, 272.
effect of buyer's, on seller's right to rescind, 291.
INSPECTION.

buyer's right of, 139.

place and manner of, 141, 142.

title may pass before, 142, 161.

INSTALMENT CONTRACTS, 175–188.
INSURANCE,

duty of seller respecting, 193.

INTEREST,

as damages, 249-251, 262.

INTERCEPTION OF TRANSIT,

by attornment, 275.

by buyer or his creditor or transferee, 275-277.
by transfer of bill of lading, 278–287.

J.

JURY QUESTION FOR, 173.

JUS DISPONENDI,

when and how reserved, 78–86.

differs from stoppage in transitu, 270.

differs from sale, how, 34.

seller must intend to divest his, under Statute of Frauds, 94.

seller's, conditions of, 263–269.

of quasi seller, 265.

waiver of, by seller, 267.

ceases when, 268.

revival of, on expiration of credit, 268.

revival of, on buyer's insolvency, 268.

how affected by sale of buyer's interest, 269.
re-established by stoppage in transitu, 288.
LOCATION,

transfer of possession without change of, 184-190.
change of, without transfer of possession, 194.

M.

MANUFACTURER,

engagements of, 124, 130.

MARKET OVERT,

sale in, 196.

MARKET VALUE, 238, 240, 256

MEMORANDUM,

under Statute of Frauds, 44-52.

MERCANTILE VIEW OF POSSESSION,

MERCHANTABLE GOODS,

seller's right to, 131-133.

MINERALS,

when goods, 26.

MONEY,

may be sold, 11, 12.

MORTGAGE,

differs from sale, 34.

225.

MUTUAL ASSENT,

The references are to pages.

to passing of title, 74–77.

to actual receipt, 96.

N.

NEGOTIABLE PAPER,

sale of, under Statute of Frauds, 7.
title of buyer, 197.

bill of lading not, at common law, 209-213.
warehouse receipts not, at common law, 211.
NOTICE,

to buyer that goods are deliverable, 66.
to third party in lieu of attornment, 190.
to common carrier of stoppage in transitu, 286.
of resale by seller, 289.

0.

OPINION,

distinguished from representation of fact, 147.
distinguished from warrauty, 148-149.

OPTION TO RESELL OR REPURCHASE, 98.
ORAL WARRANTY,

cannot be added to written contract, 152.