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The references are to pages.
POSSESSION, continued.

manner of giving, 183.
transfer of, without change of location, 184–191.
change of location without transfer of, 194.
as authority to sell, 212, 213.
under factors acts, 225.
vendor's retention of, 226–331.
diverse views of, 233-234.
of unpaid seller, 266.
which defeats stoppage in transitu, 283.
effect of, under Code Napoleon, 299.

effect of under German code, 299.
POTENTIAL EXISTENCE,

doctrine of, 12-17.
PREMATURE REPUDIATION,

of sale contract, 257–262.
PRESUMPTION OF BARGAIN AND SALE, 58.
PRICE,

necessary to a sale, 37.
may be goods, 38.
need not be stipulated, 39.
wbat is a reasonable, 40.
under Statute of Frauds, 41-44.
market, as element in damages, 238.
seller entitled to, on tender of goods, 254.

may be payable, before title passes, 255.
PROFITS,

as damages, 241, 244, 249.
PROMISSORY CONDITIONS, 101-104, 110–139.
PROPERTY IN GOODS,

when it passes, 3, 5, 53, 55, 64, 71, 72.

object of sale is to pass the general, 33.
PROVISIONS,

engagements of seller of, 133.
PURCHASER FOR VALUE, 202-205.

Q.
QUANTITY,

as a condition precedent, 134-138,
QUARRYMEN,

engagements of, 125.
QUASI VENDORS,

lien of, 265.
stoppage in transitu by, 272.

The references are to pages.
QUESTION FOR COURT OR JURY, 173.
QUIET POSSESSION,

engagement for, 113.

R.
RAILROAD RECEIPT, 83.
RECEIPT,

under Statute of Frauds, 93-98.
RELATION OF TITLE,

to time of conversion, 6.

reasons for doctrine of, 6.
REPRESENTATION,

nature and effect of, 147.
REPUDIATION,

of sale contract, 177.
REPUTED OWNERSHIP, 223–225.
RESALE BY SELLER, 288-291.
RESCISSION,

for breach of warranty, 163.
for breach of instalment contracts, 175–183.
by defrauded vendor, or vendee, 205-208.
for repudiation by buyer, 291-296.

pursuant to term of contract, 295.
RESERVATION OF RIGHT OF DISPOSAL, 78-87.
RETURN,

sale of, 71, 143.

of rejected goods, 166.
RISK OF LOSS,

generally attends ownership, 87.
may be transferred without the title, 87.
when delivery improperly delayed, 88.
special stipulations as to, 89.
while goods are in possession of conditional vendee, 221.

S.
SALE OF GOODS,

contract for, nature of, 1-50.
subject-matter of, 7-17.
differs from mortgage, pledge, lien, how, 34.
price necessary to a, 37.
differs from barter, 38.
on approval, 70.
with right to return, 71.

The references are to pages.

SALE OF GOODS, - continued.

as affected by Statute of Frauds, 7-11, 17-25, 41-52, 90–98.
with option to resell or to repurchase, 98.
to arrive, subject to double condition precedent, 105.
to be appraised, 106.
subject to third person's approval, 107.
to be satisfactory to buyer, 108–110.
without engagement as to title, 110, 115.
not in vendor's possession, 116.
when caveat emptor applies, 116.
with all faults, 119.
by one not the true owner, 196-234.
ander power to sell, 198.
by buyer with voidable title, 199-214.
by conditional vendee, 215-222.

specific performance of, when decreed, 236.
SALE OR RETURN, 71-143.
SALES IN BULK, 234-235.
SAMPLE,

sale by, 119-121.
SEED-GROWER,

engagements of, 125.
SELLER,

general engagements of, 1.
time of performance by, 2, 3.
may hold goods sold as bailee of buyer, 71.
duties of, 99-251.
engages to confer title on buyer, 110.
this engagement of, not a warranty, 111.
engagement of, for quiet possession, 113.
engagement of, that goods are not encumbered, 113.
engagement of, to furnish the agreed article, 116-121.
engagement of, when manufacturer, 124, 130.
engagement of, when quarryman or seed-grower, 125.
engagement of, that goods are merchantable, 132.
engagement of, of provisions, 133.
engagement of, as to quantity, 134-137.
buyer's rights against, for breach of engagement, 154–162.
liability of, for breach of warranty, 154, 162–166.
duty of, to give possession, 167-190
tender of goods by, 168.
under instalment contracts, 175-183.
must prepare goods for transportation, 192.
must provide remedy to buyer against common carrier, 193.
must be give buyer opportunity to insure? 193.
liability of, in damages, 237-245.

The references are to pages.
SELLER, - continued.

rights of, 253.
rights of, to damages for buyer's refusal to take title, 252-254.
rights of, to price, on tender of goods, 254.
rights of, to damages for non-acceptance, 256.
rights of, when buyer repudiates contract, 257-262.
rights of, to expense of keeping goods for buyer, 263.
lien of, 263-269.
who is an unpaid, 264.
right of, to stoppage in transitu, 269-288.
right of, to resell goods, 288-291.
right of, to rescind contract, 291-296.

severable contracts, 160.
SIGNATURE,

under Statute of Frauds, 49-51.
SOIL PRODUCTS,

as goods, 28-30.
SPECIAL DAMAGES, 241-244, 247.
SPECIFIC GOODS, 53, 78.
SPECIFIC PERFORMANCE OF SALE CONTRACT, 236.
STATUTE OF FRAUDS,

effect of, on meaning of goods, 8, 10.
contract for sale under, or for labor and materials, 17-29.
various tests in England and the United States, 18-29.
goods, or lands, 26–33.
price and part payment under, 41-44.
earnest under, 42.
form of sale contract required by, 44-52.
acceptance and receipt under, 91-98.

typical provisions of, in America, 261-262.
STATUTORY REPUTED OWNERSHIP, 223-225.
STOCK CERTIFICATES,

possession of, as authority to sell, 214,
STOPPAGE IN TRANSITU,

seller's right of, 269.
differs from seller's lien, 270.
differs from seller's right to retake goods, 270.
who may exercise, 271-272.
upon buyer's insolvency, 271-272.
inception of transit, 274.
interception of transit, 275-278.
how defeated, 276-281.
termination of transit, 281.
how right is exercised, 285–287.
effect of exercising right of, 286.

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The references are to pages,

SUBJECT-MATTER OF SALE, 7-11.

definition of, in Sale of Goods Act, 7-9.
definition of, in Uniform Sales Act, 10.
money as a, 11.
choses in action as a, 9, 10.

the general property in goods, 33.
SYMBOLICAL DELIVERY, 186.

T.
TENDER,

of goods when necessary, 168.

of goods, rights of seller thereupon, 220.
TIME,

of passing title, 2, 3, 5, 53-64.
of part payment under Statute of Frauds, 43.
of acceptance under Statute of Frauds, 98.
of delivery, 173.

of payment, 180.
TITLE, TRANSFER OF,

by contract, 3, 53-64.
without a contract, 4-7.
relates back to time of conversion, 6.
rules as to time of, 64-71.
existing goods to be made deliverable, 51, 78.
when goods to be weighed measured or tested, 66-69.
when goods sold on approval, 70.
in case of sale or return, 71.
in sales by description, 72.
under bill of lading, 80–87.
risk of loss generally follows, 87–89.
acceptance and, 90-98.
seller engages for, 110.
when seller does not engage for, 115.
before inspection, when, 143-145.
buyer gets such title as his vendor had, 196.
in market overt, 197.
to negotiable paper, 197.
under power of sale, 198.
by buyer under voidable title, 199-204.
by reputed owner, 223.
under factors acts, 225.
duty of buyer to take, 252.
under tender by seller, 254.
buyer may be bound to pay before, 255.
upon resale by seller, 288.
by seller back to himself, 293, 294.

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