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TABLE OF CONTENTS.
.
Paan
TABLE OF CASES
iii
UNIFORM SALES ACT. TABLE OF CORRESPONDING SECTIONS IN THE
VARIOUS STATES
lv
CHAPTER I
The Nature and Formalities of the Contract.
§ 1. SALE AND CONTRACT TO SELL
2. Time of performing Seller's Engagements
3. Executed and Executory Contracts
4. Their Respective Characteristics .
4 (a). Absence of Contract.
4 (6). Louisiana Doctrine
32. THE PROPERTY IN CHATTELS MAY PASS WITHOUT A CONTRACT .
5. By Operation of Law
6. Title relates back to Time of Conversion
7. Reasons assigned for Doctrine of Relation
$ 3. THE SUBJECT-MATTER OF A SALE .
8. This consists in Goods
9. “Goods, Wares, and Merchandises'
10. United States
11. Different Judicial Views
12. Sale of Goods Act sad Uniform Sales Act
13. The Civil Law; Scotland; Louisiana
14. Is Money a Proper Subject of Sale?
$ 4. EXISTING AND FUTURE GOODS
7
8
9
10
11
12
14
15
16
16 19
15. At Law
16. Potential Existence
17. Chattel Mortgages on After-acquired Goods
18. In Equity
19. Sale of a Chance
20. Goods which have perished
85. CONTRACT FOR SALE, OR FOR LABOR AND MATERIALS
21. How far Courts are agreed
22. Present Sale Test
23. Consideration Test
24. Test of Deliverability
GHB99
17
18
19
PAGE
($ 5.) 25. The Special Order Test .
26. Upon whose Materials is the Labor expended?
20
27. Essential Ingredient Test
28. Present Test in England
29. Diversity of View in the United States
21
30. The Consideration Test, accepted by some States
31. The Test of Deliverability by others
22
32. The Deliverability Test in New York
33. Special Order Test in Massachusetts
34. Upon whose Materials is Labor expended; Georgia and
Vermont
23
35. The Essential Ingredient Test in Maine and New Hamp-
shire.
24
36. Doctrine of Lee v. Griffin in the United States .
37. Ultimate Object of Contract must be the Transfer of
Title to Goods
25
86. GOODS OR AN INTEREST IN LAND
26
38. Distinct Species of Property
39. Minerals
40. Ice
27
41. Soil Products
28
42. Annual Crops
43. Natural Soil Products
29
44. Other Views
30
45. Fixtures in England
31
46. Trade Fixtures in the United States
32
47. Contract for Sale of Land and Goods
33
87. THE PROPERTY
48. Sale transfers General Property
49. A Sale differs from a Mortgage
34
50. A Sale differs from a Pledge .
51. A Sale differs from a Lien and a Trust
52. Application of Foregoing Rules
35
53. Grain in Public Warehouses
36
$ 8. THE PRICE .
37
54. Necessary to Sale
55. Sale or Barter.
38
56. If Price is not stipulated
39
57. Reasonable Price
$ 9. PRICE AND Part PAYMENT UNDER THE STATUTE OF FRAUDS 41
58. Price must exceed a Named Sum
41
59. Several Articles bought at one Interview
60. Uncertainty of Aggregate Sum
42
61. Earnest and Part Payment
62. Time of Part Payment .
43
§ 10. THE FORM OF THE CONTRACT
44
63. Nature of the Memorandum
64. Memorandum not a Written Contract
45
40
Pag
(8 10.) 65. Terms of an Accurate Memorandum not to be modified
by Oral Evidence
66. Physical Requisites of the Memorandum
46
67. Contents of the Memorandum
47
68. Statement of Price .
48
69. Intent with which made
70. The Signature .
49
71. Signature by Agent
72. Brokers' Notes
50
73. Broker's Entry is generally a Memorandum only
74. If the Notes differ.
75. When Memorandum made.
52
51
54
55
CHAPTER II
Bargain and Sale.
§ 1. Its NATURE
53
76. Operates as a Conveyance
§ 2. THE GOODS MUST BE SPECIFIC
77. Bargain and Sale requires Specific Goods
78. Contract for Sale of Part of Mass
79. Title not lost by remingling an Appropriated Part with
the Mass
80. English Rule modified by Usage of Warehousemen
81. Title by Estoppel
56
$ 3. CONTRACT TO SELL MAY BECOME A BARGAIN AND SALE . 57
82. This Transformation may occur without Further Act. 57
§ 4. THE CONTRACT MUST BE UNCONDITIONAL
83. Depends on Intention of Parties .
57
84. Presumption that Contract for Specific Goods is one of
Bargain and Sale
58
85. Is a Sale for Cash conditional?
59
86. Cash Sale is not conditional in most Jurisdictions
60
87. Payment or Security may be a Condition of Title's passing 61
Effect of Part Payment by Conditional Purchaser
61
89. Sale upon Condition Subsequent .
62
89 (a). C. O. D. Sales
CHAPTER III
Contract to Sell.
$1. EXISTING OR SPECIFIC GOODS
90. Title is to Pass in Future
91. Goods to be made deliverable by the Seller
92. Notice to Buyer that Goods are deliverable
93. Weighing, measuring, or testing by the Seller
64
66
Pagz
(8 1.) 94. Weighing or measuring to identify the Goods
67
95. Weighing or measuring to ascertain Sum to be paid 68
96. Destruction of Goods before weighing or measuring 69
97. Sale of Specific Goods on Approval
70
98. Sale Return
71
§ 2. UNASCERTAINED OR FUTURE GOODS
99. Selection and Appropriation of
100. The Described Goods
72
101. Unconditionally appropriated
101 (a). F. O. B. Sales
74
102. Mutual Assent
103. Mutual Assent to the passing of Title is subsidiary to
Contract to sell
104. Mutual Assent to passing Title to Existing Goods
77
105. Withdrawal of Precedent Assent
106. Waiver of Subsidiary Provision
78
$ 3. RESERVATION OF THE RIGHT OF DISPOSAL .
107. Exercisable under Contract to sell
108. Specific Deliverable Goods
109. Specific Goods to be made deliverable
110. Future Goods
79
111. Goods deliverable to Shipper or his Order
80
112. Inference may be rebutted
81
113. Amount of Evidence required
114. Bill of Lading to the Order of Buyer
83
115. Bill of Lading as Security for Draft for Price
115 (a). Buyer's Power to pass Title
84
116. Buyer's Rights, upon tendering Performance
85
117. Miribita v. Ottoman Imperial Bank
86
118. Buyer may be Bailee of Owner of Bill of Lading
87
$ 4. THE RISK OF THE Loss .
119. As a Rule, attends the Ownership
120. Risk may be transferred without the Title
121, 122. Risk when Delivery improperly delayed
88
123. Special Stipulations as to Risk
89
CHAPTER IV
90
91
Acceptance and Receipt.
1. TO PASS TITLE AT COMMON LAW
124. Actual Receipt unnecessary
§ 2. TO SATISFY THE STATUTE OF FRAUDS
125. This Statute modifies Rule of Common Law
126. Acceptance under Statute
127. Statute requires more than Evidence of a Bargain
128. Acceptance to satisfy the Statute need not be final
129. Actual Receipt .
95
PAGB
($ 2.) 130. What Act amounts to a Receipt
94
131. If Goods are on the Land of a Third Party .
132. Common Carrier has Implied Authority to receive, but
not to accept ..
133. Actual Receipt involves Mutual Assent
96
134. Receipt of a Part satisfies the Statute
135. Receipt of Document of Title instead of the Goods 97
136. Receipt and Acceptance under Contract of Sale with
Option to resell or repurchase
98
136 (a). Receipt and Acceptance Validate the Contract ab
initio
CHAPTER V
Seller's Duties. - Buyer's Rights.
§ 1. DUTIES AND RIGHTS DEPENDENT UPON SELLER'S ENGAGEMENTS 99
137. To give Title and Possession
99
138. Conditions and Warranties
100
139. Warranty should be used in a Single Sense
101
$ 2. (A) CLASSIFICATION OF CONDITIONS
140. None attempted in English Statute
141. The Nature of Promissory Conditions
102
142. An Essential Term as a Condition Precedent
143. Damages for its Breach, when its Effect as a Condition
is waived
103
144, 145. A Promissory Condition is not a Collateral Agree-
ment
146. Distinction between Promissory Conditions and War-
ranties
104
147. Classification of Sale Contract Provisions
(B) PROVISIONS WHICH ARE MERE CONDITIONS
105
148. Available as a Defence only
149. Sale of Goods to be appraised
106
150. Sale of Goods to be approved by Third Person
107
151. Effect of Third Party's Decision
108
152. Contracts conditioned upon the Goods being satisfac-
tory to the Buyer . ..
153. Judicial Construction of these Contracts
109
$ 3. PROMISSORY CONDITIONS BINDING ON THE SELLER
110
154. To confer Title on the Buyer . .
155. This Engagement is not collateral to the Sale Contract 111
156. It is treated as Collateral by some Courts
112
157. Reasons assigned for this View
158. Engagement for Quiet Possession
113
159. Seller's Engagement that the Goods are not encumbered 113
160. Damages for Breach of Engagement as to Title . 114
161. Damages for Breach of Engagement as to Quiet Posses-
sion and Encumbrances
115