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MENTAL assent, 16
MERCANTILE Agent can give good title, 76

meaning of, 77
MERCHANTABILITY, implied warranty of, 39, etc.

on sale by sample, 48
MINOR, a party, 13
MISREPRESENTATION, law as to, unaffected, 146
MISTAKE, law as to, unaffected, 146
MIXED Goods, delivery of, 87

MONTH,”
MORTGAGES, unaffected by Act, 147

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REFUSAL to accept, 37
REJECTED Goods, return of, 96
REJECTION of goods by buyer, transit continues, 115
REMEDIES of buyer, 129, etc.

seller, 125, etc.
REMEDY for breach of warranty, 137

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REPEALS, 145, 152
REPUDIATION by buyer, defective delivery, 89

seller's rights, 37
RESALE, 120

exercise of right of, rescinds contract, 124
of perishable goods, 123

sub-buyer has good title, 122
RESERVATION of right of disposal, 64

on shipping goods, 65
when bill of lading sent to

buyer, 66
RESERVE price at auction, 144
RETAINING goods, when acceptance, 35
REVESTING of property in stolen goods, 74
RIGHT of detention, see LIEN.

disposal, 64
rejection, in Scotland, 140

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SALE by auction, 143, etc.

seller bidding, 143, 144
description, 35, 43
order of Court, 70
sample, 35, 46

implied condition on, 47
contract of, 12
definition of, 149
or return, 59
not by owner, 68
not rescinded by exercise of lien, &c., 121

under voidable title, 72
SALE of Food and Drugs Act, 39
SAMPLE, sale by, 35, 46
SAVING Clauses, 146
SCOTLAND, saving clauses, 20, 72, 76, 79

sequestration for rent, 147

special provisions, 33, 40
SEA, when goods sent by, 92
SELLER, definition of, 148

in possession after sale, 75
must make reasonable contract with carrier, 92
give buyer notice, sea transit, 92

opportunity for examination, 94
put goods into deliverable state, 85
unpaid, definition, 99

lien of, 104

rights of, 101, etc., 123
SELLER'S duties, 80

remedies, 125, etc.

right of attachment in Scotland, 103
SEQUESTRATION for rent, Scotland, 147
SEVERABLE breach, defective deliveries, 89
SHERIFF, definition, 78

must endorse writ, 77

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STOLEN Goods, conviction of thief, 74
STOPPAGE in transitu, defeated by transfer of documents of
TRADE Usage as to delivery, 88
TRANSFER of property, 52, etc.

title, 120
does not rescind sale, 121
how effected, 118
not affected by resale, etc., 120
notice of, 118, 119
where part delivered, 117

unpaid seller's right of, 102, 109, etc.
SUBJECT-MATTER of contract, 20

SUB-SALE, stoppage in transitu, 120

TEN Pounds and upwards, goods for, 16
TENDER of delivery must be at reasonable hour, 85
TENTERDEN'S Act, Lord, 16, 17, 160
TIME of delivery, 83

payment, 28
not essence of contract, 28, 29
TITLE, buyer's, market overt, 22

where seller not owner, 68
to goods obtained by fraud, 24

stolen goods, 24
voidable, 23
TRADE-NAME, goods under, no warranty, 41

.

title, 68

TRANSIT deemed to continue, if, etc., 115

deterioration during, 93
duration of, 110

UNASCERTAINED Goods, appropriation of, 60

when property in, passes, 52
UNPAID Seller defined, 99
seller's lien, 104

rights, 101, etc., 123
UPSET Price at auction, 144
USAGE of trade annexing warranty or condition, 45

VALUATION, agreement to sell at, 27

by third party, 27
prevented by fault of party, 28

VENDOR’S Lien, notice of, 76

VOIDABLE Contract, 14

title, sale under, 72

WAIVER of condition by buyer, 30

lien, 107

WARRANTY, buyer may treat condition as, 30, 32

definition of, 149
express, 45
implied, as to quality, 39

34

by sample, 48
remedy for breach of, 137

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