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[References are to sections]
BOOK V
PARTICULAR CLASSES OF CONTRACTS
CHAPTER XXVIII
CONTRACTS FOR THE SALE OF LAND
Section
Implied as well as express promises must be considered..
922
A vendor of land must give a marketable title...
923
The vendor must prepare the deed...
Form of deed necessary to fulfil the contract
924
925
There are no implied warranties in sales of real estate.
Ownership of the purchaser in equity...
926
927
English doctrine originated when mutual promises were independent..
The result of law and in equity should be the same.
Partial destruction. . . .
933
934
935
Comment on illustrations of purchaser's equitable ownership.
Rules tending to show a vendor is not a mortgagee....
Inconsistency of foregoing rules with purchaser's ownership.
Intent to transfer ownership should control the question..
Risk should pass to the purchaser on transfer of possession.
English rule is not based on intention. . . . .
936
937
938
939
940
941
Practical advantages of leaving risk with the vendor in possession.
English rule disregards analogies.
942
943
Risk in leased property.....
944
Distinction between total and partial destruction of leased property.
945
Comparison of a lease with a contract to sell....
946
Risk of loss in the Roman law was on the buyer...
947
Until there was emptio perfecta the risk was on the seller.
948
Effect of negligence or default. . . .
949
Reasoning of the older writers inconsistent with dependency in bilateral con- tracts....
950
Reasons advanced by modern writers.
951
Subsidiary questions.
952
The modern continental law leaves the risk with the seller until transfer of
title or possession...
953
The buyer's right is purely personal.
954
Risk is on the buyer where the seller retains a security title only.
964
The sample not always a representation as to the bulk..
1004
Servants' duty of obedience...
Principal and agent, and master and servant....
Duties of the employer and employee to one another.
Diligent and skilful service.
Duty to employ.....
Agents' duty to obey instructions.
Limits of servants' duty of obedience...
1012
1013
1014
1015
1016
1017
1018
Employee is chargeable as trustee with anything fraudulently acquired.... 1023
Effect of the Statute of Frauds on agent's duty in regard to real estate ..
1024
Employee's duty in regard to information acquired by him.
1025
A bailment without reward for the care of the bailor's goods..
1038
When the warehouseman is justified in delivering, and his liability for mis-
Warehouseman is liable for the non-existence or misdescription of goods..... 1055
Warehouseman's duty of care of goods..
Remedies of bailor's creditors...
Warehouseman's lier . . . . .
How receipts may be negotiated.
Transfer of receipts without negotiation. . .
Who may negotiate and the effect of negotiation.
Effect of transfer of receipt. ....
Warranties on assignment of receipt.
Effect of fraudulent negotiation...
Definition of terms in the Act..
Innkeepers...
Who are guests.
Innkeepers' obligations in regard to guests' property..
Limitations of innkeepers' liability in regard to guests' property.
Innkeepers' obligations in regard to guests' comfort and safety..
1056
1057
1058
1059
1060
1061
1062
1063
1064
1065
1066
1067
1068
1069
1070
The vendor must prepare the deed. ....
The result of law and in equity should be the same....
Partial destruction.....
Rules tending to show a vendor is not a mortgagee..
Intent to transfer ownership should control the question.
English rule disregards analogies..
Risk in leased property....
Comparison of a lease with a contract to sell...
Risk of loss in the Roman law was on the buyer..
Until there was emptio perfecta the risk was on the seller..
Reasoning of the older writers inconsistent with dependency in bilateral con- tracts.....
Subsidiary questions...
title or possession. . .