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40. A delivered a share of stock to B, a stockbroker, to secure a loan by B to A. A endorsed in blank the stock certificate and the power of sale in the ordinary form on the back thereof. B sold the certificate to O. Can A recover from C?

41. A sold his stock in trade and good will to B. B left A in possession, saying that he was not ready to go into possession. The signs were unchanged and nothing was done to apprise the public of any change. A thereupon resold to 0. What are the rights of B and C?

CHAPTER SEVEN.

42. What is meant by a document of title? Name the two chief documents of title.

43. What documents of title in some states are negotiable? If not negotiable may a document of title nevertheless be transferred? What, then, is the distinction between a document of title which is negotiable and one which is non-negotiable.?

44. Are documents of title negotiable in the sense that bills of exchange, promissory notes and checks are negotiable? Why?

45. A has some goods in a warehouse for which he holds a warehouse receipt. B desire to purchase the goods. A endorses and transfers the warehouse receipt to B on July 1st. On July 15, B gives notice to the warehouseman that he has the warehouse receipt. On August 1st, he appears and claims the goods and they are delivered to him. At what time did the goods become his?

CHAPTER EIGHT.

46. What is the rule as to the construction of a contract of sale in respect to time? What is meant by the phrase "time is of the essence" of a contract of sale of personal property?

47. What two different constructions can be given to the words "more or less" used in connection with a recital of the quantity of goods sold?

CHAPTER NINE.

48. A ordered wheat from B to be delivered on Monday. B accepted the order. He delivered the wheat Tuesday. A's tardiness caused B a loss. Can B claim damages or does his acceptance bar him?

49. A ordered by description a car load of good merchantable apples of B of a certain kind. B sent a car load of apples that were beginning to rot. A accepted the apples wiring B that he received them under protest. He resold them to at a substantial loss. Can he refuse to pay B when sued? Can he recoup his damage?

OHAPTER TEN.

50. A sold and delivered B a horse on credit. When the term of credit expired, B had not paid for the horse. Can A secure the horse?

51. What is an “unpaid seller's len"?

52. What is the right of stoppage in transit? How is it defeated by the act of the buyer when the goods are in transit?

53. If the seller has not parted with the goods, what rights besides his lien has he? How does he lose his lien?

CHAPTER ELEVEN.

54. A was negotiating with B fo the purchase of a horse. A asked B if the horse was sound. B replied that the horse was sound so far as he knew. In fact the horse was unsound and B knew it. A purchased the horse and paid $100 therefor as agreed upon. On using the horse he discovered the unsoundness. What are his rights?

55. A sold to B a herd of cattle which was afficted with a contagious disease. B could not by ordinary inspection discover the fault and nothing was said by either party in reference to the disease. A knew of the disease but refrained from saying anything about it. Has B any rights growing out of the concealment?

56. A tried to sell a horse to B. B offered him $100. A rofused to accept it. He then attempted to sell to C, and informed O that B (whom C knew to be a practical horseman) had offered him $200. Thereupon C gave A $200. What are C's rights?

57. What is the rule as to a statement of an opinion by the seller relied upon by the buyer?

What constitutes a ratification of a contract secured by

58. fraud?

CHAPTER TWELVE.

59. When may the parties to a sale of personal property have specific performance?

60. If title has passed and the seller wrongfully refuses to deliver may the buyer obtain the possession of the goods?

INDEX.

(References are to sections.)

A.

Acceptance,

as waiver, 56, 57.
Agent,

under statute of frauds, 10.
Appropriation of goods to contract, 30.
Approval, sales upon, 29.
Ascertained ods,

title passes when, 30.
Assignment of documents of title, 47-51.

B.

Bailment defined, 4.

owner may assert title against third persons, 36, 37.
Barter defined, 2.
Bills of lading,

title reserved by, 32.
two sorts of, 32, 48.

transfer of, 47-51.
Bulk sales,
statutes governing, 44.

C.

Caveat emptor, 21, 22.
Chattel mortgages,

when to be recorded, 46.

(References are to sections.) Conditional sale,

defined, 1.
risk of loss in, 33.

recording of, 43. Consignment,

of bailment, 4.

does not estop owner to assert title, 36.
Consignee as bailee, 4, 36.
Contract to sell, defined, 1.
C. O. D., 30.

D. Damages for breach,

not necessarily waived by acceptance, 56, 57.

right to, 64, 65. Delivery,

to carrier, 30,
to buyer, 31.

may be without removal, 9, 42. Delivery and acceptance,

under statute of frauds, 9. Description,

implied warranties by, 19. Destruction of goods,

before contract of sale, 13.

after contract of sale, 14. Documents of title,

holder of may transfer title, 40.
defined, 47.
kinds of, 48, 49.
transfer of, 50, 51.

E.

Estoppel to assert title,

when none, 35, 36 37.
when existing, 39–46.

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