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UNIFORM SALES ACT. TABLE OF CORRESPONDING SECTIONS IN THE
VARIOUS STATES
. xxiii
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 (b). Louisiana Doctrine
§ 2. 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 and Uniform Sales Act
123344
5
6
7
8
9
10
§ 5. CONTRACT for Sale, or for LABOR AND MATERIALS
17
(§5.) 25. The Special Order Test.
26. Upon whose Materials is the Labor expended?
27. Essential Ingredient Test.
28. Present Test in England
29. Diversity of View in the United States
30. The Consideration Test, accepted by some States
31. The Test of Deliverability by others
32. The Deliverability Test in New York
33. Special Order Test in Massachusetts
34. Upon whose Materials is Labor expended; Georgia and
Vermont
35. The Essential Ingredient Test in Maine and New Hamp- shire.
36. Doctrine of Lee v. Griffin in the United States.
37. Ultimate Object of Contract must be the Transfer of
Title to Goods
§ 6. GOODS OR AN INTEREST IN LAND
38. Distinct Species of Property
39. Minerals
40. Ice
41. Soil Products
42. Annual Crops
43. Natural Soil Products
44. Other Views
45. Fixtures in England
46. Trade Fixtures in the United States
47. Contract for Sale of Land and Goods
87. THE PROPERTY
48. Sale transfers General Property
49. A Sale differs from a Mortgage
50. A Sale differs from a Pledge.
51. A Sale differs from a Lien and a Trust
52. Application of Foregoing Rules
53. Grain in Public Warehouses
§8. THE PRICE.
54. Necessary to Sale
55. Sale or Barter
56. If Price is not stipulated
57. Reasonable Price
9. PRICE AND PART PAYMENT UNDER THE STATUTE OF FRAUDS .
58. Price must exceed a Named Sum
59. Several Articles bought at one Interview
60. Uncertainty of Aggregate Sum
61. Earnest and Part Payment
62. Time of Part Payment
§ 10. THE FORM OF THE CONTRACT
63. Nature of the Memorandum
64. Memorandum not a Written Contract
PAGE
(§ 10.) 65. Terms of an Accurate Memorandum not to be modified
by Oral Evidence
66. Physical Requisites of the Memorandum
67. Contents of the Memorandum
68. Statement of Price .
69. Intent with which made
70. The Signature .
71. Signature by Agent
72. Brokers' Notes
73. Broker's Entry is generally a Memorandum only
74. If the Notes differ
75. When Memorandum made.
CHAPTER II
45
46
47
48
49
50
51
52
Bargain and Sale.
§ 1. ITS NATURE
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
.
§ 3. CONTRACT TO SELL MAY BECOME A BARGAIN AND SALE.
82. This Transformation may occur without Further Act.
§ 4. THE CONTRACT MUST BE UNCONDITIONAL
83. Depends on Intention of Parties
84. Presumption that Contract for Specific Goods is one of
Bargain and Sale
85. Is a Sale for Cash conditional?
86. Cash Sale is not conditional in most Jurisdictions
87. Payment or Security may be a Condition of Title's passing 61
88. Effect of Part Payment by Conditional Purchaser
89. Sale upon Condition Subsequent .
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
§ 2.
99. Selection and Appropriation of
100. The Described Goods
101. Unconditionally appropriated
101 (a). F. O. B. Sales
(§ 1.) 94. Weighing or measuring to identify the Goods
95. Weighing or measuring to ascertain Sum to be paid
96. Destruction of Goods before weighing or measuring
97. Sale of Specific Goods on Approval
98. Sale or Return
UNASCERTAINED OR FUTURE GOODS
113. Amount of Evidence required
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
105. Withdrawal of Precedent Assent
106. Waiver of Subsidiary Provision
§ 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 .
111. Goods deliverable to Shipper or his Order
112. Inference may be rebutted
114. Bill of Lading to the Order of Buyer
74
75
77
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
117. Miribita v. Ottoman Imperial Bank
85
86
118. Buyer may be Bailee of Owner of Bill of Lading
§4. THE RISK OF THE LOSS
87
119. As a Rule, attends the Ownership
120. Risk may be transferred without the Title
121, 122. Risk when Delivery improperly delayed
123. Special Stipulations as to Risk
88
89
CHAPTER IV
Acceptance and Receipt.
§ 1. TO PASS TITLE AT COMMON LAW
124. Actual Receipt unnecessary
82. 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 .
(§ 2.) 130. What Act amounts to a Receipt
131. If Goods are on the Land of a Third Party.
94
95.
132. Common Carrier has Implied Authority to receive, but
not to accept.
133. Actual Receipt involves Mutual Assent
134. Receipt of a Part satisfies the Statute
135. Receipt of Document of Title instead of the Goods
136. Receipt and Acceptance under Contract of Sale with
Option to resell or repurchase
136 (a). Receipt and Acceptance Validate the Contract ab
initio
CHAPTER V
Seller's Duties. - Buyer's Rights.
§ 1. DUTIES Aand Rights depENDENT UPON SELLER'S ENGAGEMENTS 99
137. To give Title and Possession
138. Conditions and Warranties
139. Warranty should be used in a Single Sense
§ 2. (A) CLASSIFICATION OF CONDITIONS.
99
100
101
143. Damages for its Breach, when its Effect as a Condition
is waived
103
144, 145. A Promissory Condition is not a Collateral Agree-
150. Sale of Goods to be approved by a Third Person
151. Effect of Third Party's Decision
107
108
tory to the Buyer.
153. Judicial Construction of these Contracts
152. Contracts conditioned upon the Goods being satisfac-
§ 3. PROMISSORY CONDITIONS BINDING ON THE SELLER
154. To confer Title on the Buyer.
109
110
155. This Engagement is not collateral to the Sale Contract
156. It is treated as Collateral by some Courts
157. Reasons assigned for this View
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