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BAILEE, lien of, 104

risk where either party is, 67

wrongful refusal of, to deliver, terminates transit, 116
BANKRUPTCY, law of, unaffected, 146
BILL of Exchange, must be honoured by buyer if he retains

bill of lading, 66
BILL of Lading, to order of seller, 65

must be returned unless bill of exchange is honoured, 66
BILL of Sale, law as to, unaffected, 146
BONA FIDE, meaning of term, 149

purchase without notice of defect of title, 72, 75, 76
BREACH of warranty, remedy for, 137, 138
BUYER, definition of, 147

contingent, 25
duties of, 80
in possession after sale can give good title, 75
insolvent, seller's right to stop in transitu, 109

lien, 104
liability of for refusing or neglecting delivery, 97
may treat condition as warranty, 30, 32
must take risk where goods delivered at distant place, 93
not bound to return rejected goods, 96
remedies of, 129, etc.
right of examination, 94
under re-sale has good title, 122

CAPACITY, of parties, 13
CARE of Goods, when seller can claim for, 37
CARRIER, attornment by, to buyer, terminates transit, 110

delivery to, 90
seller must make reasonable contract with, 91
ship chartered by buyer, 115

wrongful refusal by, to deliver, terminates transit, 116
“CAVEAT Emptor," 39
CHARGE or Encumbrance, free from, implied warranty, 34

Act does not apply to, 146
COERCION, law as to, unaffected, 146
COMMON Law, power of sale unaffected, 70

as to sale of goods unaffected, 146

CONCURRENT Conditions, payment and delivery are, 28

CONDITION, implied, as to quality, 39

by usage of trade, 45
exclusion of, 141
none as to defects which examination

should have revealed, 41
on sale, 34

on sale by sample, 47
may be treated as warranty, 30, 32

CONDITIONAL Payment, rights of seller, 100

CONSIDERATION, failure of, recovery of money, 141

CONTINGENCY, contract depending upon, 22

CONTINGENT Goods, 22

buyer, 25

CONTRACT depending upon contingency, 22

impossible, 22
of sale, definition of, 12, 147

how made, 14
of 101. and upwards, 16

subject-matter of, 20
CONVICTION of thief reyests property in original owner, 74

CORPORATIONS, contracts of, 15
COURSE of Business, goods supplied in, 41

CUSTODIER, see BAILEE.

CUSTODY of Goods, where seller can charge for, 97

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DAMAGES for non-acceptance, 127

non-delivery, 129
special, action for, 141

DEFECTIVE Deliveries, 89

DEFENDANT, definition of, 147

DELAY, risk owing to, 67

DELIVERABLE State, 57, 58

meaning of, 150
seller must put goods into, 85

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DELIVERY, definition of, 147
and payment are concurrent conditions, 81

should be concurrent acts, 29
at distant place, risk of deterioration, 93
by instalments, 88, 89
demand or tender of must be at a reasonable hour, 85
of mixed goods, 87
of part, 106

right of stoppage in transitu, 117
of wrong quantity, 85-87
place of, 82
rules as to, 82
time of, 83
to buyer terminates transit, 110
to carrier, 90

terminates lien, 107
to ship chartered by buyer, 115
when goods are in possession of a third party, 84
withheld by unpaid seller, 102

wrongful refusal of, by carrier, etc., terminates transit, 116
DESCRIPTION, sale by, 35

and sample sale by, 35

implied condition of merchantability, 43
DETERIORATION in Transit, risk, 93
DISHONOURED Bill, rights of seller, 100
DOCUMENTS of Title, definition of, 147

effect of, when goods are in possession of third party, 84
lawful transfer of, defeats right of stoppage in transitu, 120

possession of, 75
DRUNKEN party, 13
DURESS, law as to, unaffected, 146
DUTIES of Seller and Buyer, 80

EARNEST, 17
ELECTION by Buyer, 30
EVIDENCE, parol, as to warranty, 31

as to written contract, 16
EXAMINATION, buyer's right of, 34
EXECUTED or Executory Contract, 12, 24
EXECUTION, effect of, 77

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FACTORS Acts, defined, 147

unaffected, 70
FAILURE of Consideration, recovery of money, 141
FAULT, definition of, 147
FIERI FACIAS, writ of, effect of, 77
FITNESS, warranty of, 41
FOOD, sale of, 39, 40, 41, 43, 93
FORMALITIES of the Contract, 14

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IMPOSSIBILITY, excusing fulfilment of condition or warranty, 33

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IMPOSSIBLE Contract, 22

INFANT party, 13

INFANTS' Relief Act, 1874, 14

INSANE party, 13
INSOLVENCY, meaning of, 150
INSOLVENT Buyer, right to stop in transitu, 109

seller's lien, 104

INSPECTION of bulk, 48

INSTALMENT deliveries, 88, 89

INTENTION of parties, how ascertained, 55
INTEREST, action for, 141
INTERPRETATION of terms, 147
INSURANCE, duty of seller, 92

JUDGMENT, does not terminate lien, 107

LARCENY, goods obtained by, 74
LAW merchant, unaffected, 146
LIABILITY of buyer for non-acceptance, 97

LIEN defeated by transfer of documents of title, 120

definition of, 148
does not rescind sale, 121
termination of, 107
unpaid seller's, 101, 104

after part delivery, 106
vendor's, notice of, 76

LUNATIC party, 13

MARINE Insurance, seller must give buyer time to effect, 92
MARKET OVERT, 71, 74
MEASURE of damages, breach of warranty, 139

non-acceptance, 127

non-delivery, 129, 130
MEMORANDUM of Sale, essentials, 18

when price must be shown, 26

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