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($ 5.) 25. The Special Order Test .

26. Upon whose Materials is the Labor expended?

20

27. Essential Ingredient Test

20

28. Present Test in England

20

29. Diversity of View in the United States

21

30. The Consideration Test, accepted by some States

21

31. The Test of Deliverability by others

22

32. The Deliverability Test in New York

22

33. Special Order Test in Massachusetts

22

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 .

24

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

26

39. Minerals

26

40. Ice

27

41. Soil Products

28

42. Annual Crops

28

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

33

48. Sale transfers General Property

33

49. A Sale differs from a Mortgage

34

50. A Sale differs from a Pledge .

34

51. A Sale differs from a Lien and a Trust

34

52. Application of Foregoing Rules

35

53. Grain in Public Warehouses

36

$ 8. THE PRICE .

37

54. Necessary to Sale

37

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

41

60. Uncertainty of Aggregate Sum

42

61. Earnest and Part Payment

42

62. Time of Part Payment .

43

§ 10. THE FORM OF THE CONTRACT

44

63. Nature of the Memorandum

44

64. Memorandum not a Written Contract

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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

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64

64

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66

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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

101

140. None attempted in English Statute

101

141. The Nature of Promissory Conditions

102

142. An Essential Term as a Condition Precedent

102

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

103

146. Distinction between Promissory Conditions and War-

ranties

104

147. Classification of Sale Contract Provisions

104

(B) PROVISIONS WHICH ARE MERE CONDITIONS

105

148. Available as a Defence only

105

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 . ..

108

153. Judicial Construction of these Contracts

109

$ 3. PROMISSORY CONDITIONS BINDING ON THE SELLER

110

154. To confer Title on the Buyer . .

110

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

112

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

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