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(References are to sections.) Express warranty,

defined, 16.

orally made, 17. Exchange defined, 2.

F.

Factors' Acts, 45.
Form of contract,

what required, 5,

under statute of frauds, 5, 6. F. O. B.,

meaning of, 31. Free on board,

meaning of, 31. Fraud,

presumed from retention, 42.

rescission for, 61. Frauds, Statute of,

provisions of, 6.
does not apply when, 6, 7, 8, 9, 10.

what contracts within, 11. Fungible goods,

defined, 4.
bailment of, 4.
sale of part of, 25.

G.

Gifts defined, 3.
Granary,

duty of keeper of, 4.
title to grain deposited in, 4.

I.
Implied Warranty,

defined, 15.
those of title, 18.
in sale by description, 19.

(References are to sections.) in sale by sample, 20. of merchantability, 21. of fitness of purpose, 22.

available against whom, 23. Indicia of title,

clothing with, 40. Installment sales, 55.

J. Jus disponendi,

retention of, 32.

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(References are to sections.)

Q.
Quality,

warranty of, 19–22.

when waived, 57.
Quantity,

as term of contract, 55.

R.
Resale,

right of, 60, 65.
Reservation of title, 32.
Rescission, 61, 62, 65.
Retention of possession, 41.
Risk of loss, 33.
Rules as to when title passes, 27–32.

S.
Sale,

defined, 1.
distinguished from, barter, 2.

from gifts, 3.

from bailment, 4.
formalities in, 5–11.
of future goods, 12.
of destroyed goods, 13, 14.

warranties in, 15–22. (See "Warranty'.)
Sample,

warranties in sale by, 20.
Signature,

required by statutes of frauds, 10.
Soundness, warranty of, in horse, 16.
Statute of Frauds,

see, Frauds, Statute of.
Stock in trade,

sold in bulk, 44.
Stoppage in transit, 59.
Straight bills of lading, 32, 47-51.

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(References are to sections.)

T. Time,

of performance, 53.

waiver of, 56. Title, See also, “Transfer of Title,"

warranties of, 18.

retention of, 32. Transfer of title,

defined, 24.
of goods unascertained, 25.
of goods ascertained, 26.
rules of 27-32.
by one not owner, 34.
owner may assert title when, 35, 36, 37.
owner may not assert title when, 38–46.
by transfer of documents of title, 47-51.

U.

Unascertained goods cannot be sold, 25.

W.

Waiver of rights, 56, 57.
Warehouse receipts, 47–51.
Warranty,

defined, 15.
express or implied, 15.
express, defined, 16.
oral, 15.
implied,

those of title, 18.
in sale by description, 19.

in sale by sample, 20.
of merchantability, 21.

of fitness for purpose, 22.

none by remote seller, 23. waived by acceptance when. 57, 62.

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