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THE LAW OF SALES OF PERSONAL PROPERTY

PART I.

FORMATION OF CONTRACT OF SALE.

CHAPTER 1.

DEFINITION AND GENERAL NATURE.

Sec. 1. Definitions.
Sec. 2. Sales distinguished from barters or ex-

changes.
Sec. 3. Sales distinguished from gifts.
Sec. 4. Sales distinguished from bailments.

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
TITLE.

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.
Sec. 53. Obligations in respect to time.
Sec. 54. Obligations in respect to place.
Sec. 55. Obligations in respect to quantity.

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.

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