THE LAW OF SALES OF PERSONAL PROPERTY PART I. FORMATION OF CONTRACT OF SALE. CHAPTER 1. DEFINITION AND GENERAL NATURE. Sec. 1. Definitions. changes. CHAPTER 2. FORMALITIES EVIDENCING THE MAKING OF THE CONTRACT. Sec. 5. Form of contract of sale. Sec. 6. Formalities required in certain cases. Statute of frauds. Sec. 7. Statute of frauds not applicable if price is less than a certain amount. Sec. 8. Statute of frauds no defense if payment has been made in whole or part. Sec. 9. Statute of frauds no defense where there has been acceptance of all or a part of the goods. Sec. 10. Statute of frauds no defense where there is a sufficient signed memorandum. Sec. 11. What is a contract of sale within the statute of frauds. CHAPTER 3. THE CONTRACT'S OBLIGATIONS AS AFFECTED BY THE EXISTENCE OR DESTRUCTION OF THE GOODS. Sec. 12. Goods not yet in existence. Sec. 13. Destruction or deterioration of the goods before the making of the contract. Sec. 14. Destruction or deterioration after con tract to sell of the subject matter thereof. CHAPTER 4. THE CONTRACT'S OBLIGATIONS AS AFFECTED BY WARRANTIES. Sec. 15. Definition of warranty. A. Express Warranties. Sec. 16. What constitutes express warranty. Sec. 17. Whether alleged warranties provable if contract in writing. B. Implied Warranties. Sec. 18. The implied warranties. (1) Those of title. Sec. 19. The implied warranties. (2) Those in a sale by description. Sec. 20. The implied warranties. (3) Those in a sale by sample. Sec. 21. The implied warranties. (4) The war ranty of quality that goods ordered by description shall be merchantable. Sec. 22. The implied warranties. (5) The war ranty of quality that goods ordered for a particular purpose shall be fit for that purpose. Sec. 23. Warranties not available against a re mote seller. PART II. THE CONTRACT'S EFFECT AS TRANSFERRING CHAPTER 5. TRANSFER OF TITLE BETWEEN BUYER AND SELLER WHEN RIGHTS OF THIRD PARTIES NOT INVOLVED. Sec. 24. Meaning of phrase "transfer of title." Sec. 25. Goods unascertained. Sec. 26. Goods ascertained. Sec. 27. Rules for ascertaining intention of the parties: first rule. Sec. 28. Rules for ascertaining intention of the parties: second rule. Sec. 29. Rules for ascertaining intention of the parties: third rule. Sec. 30. Rules for ascertaining intention of the parties: fourth rule. Sec. 31. Rules for ascertaining intention of the parties: fifth rule. Sec. 32. Reservation upon shipment of title in seller. Sec. 33. Risk of loss. CHAPTER 6. TRANSFER OF TITLE WHEN RIGHTS OF OTHERS THAN BUYER AND SELLER INVOLVED. Sec. 34. Attempted sale by one not owner; in general. A. When True Owner Not Estopped to Assert Title. Sec. 35. In general. Sec. 36. In case of consignment for sale. Sec. 37. In case of bailment other than for sale. B. When True Owner Estopped to Assert Title Against Third Persons. Sec. 38. In general. Sec. 39. Allowing another to assert that he is the owner. Sec. 40. Clothing another with documentary in dicia of title. C. When True Owner Prevented by Statute to Assert Title. Sec. 41. In general. Sec. 42. Effect of retention by seller after sale. Sec. 43. Conditional sales. Sec. 44. Bulk sales of entire stock in trade. Sec. 45. Transfers and pledges by factors. Sec. 46. Chattel mortgages. CHAPTER 7. TRANSFERRING TITLE BY TRANSFERRING THE DOCUMENT OF TITLE. Sec. 47. What are documents of title. Sec. 48. Documents of title either negotiable or non-negotiable. Sec. 49. Distinction in legal effect between ne gotiable and non-negotiable documents of title. Sec. 50. How negotiation of documents accom plished. Sec. 51. Results of transfer of document to trans fer title to goods. PART III. THE PERFORMANCE OF THE CONTRACT. CHAPTER 8. OBLIGATIONS OF THE PARTIES. Sec. 52. In general. CHAPTER 9. ACCEPTANCE BY BUYER; ITS EFFECT. Sec. 56. Effect of acceptance by buyer where seller has delayed performance. Sec. 57. Effect of acceptance where seller has not fulfilled his warranties of quality or fitness. |