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STOPPAGE IN TRANSIT,

the unpaid seller's right of, 234, 236, 237.

distinguished from reservation of right of disposal, 234.
transit and buyer's insolvency essential, 235.

what is "insolvency," and when it must exist, 235, 315.
right exists only against goods themselves, 236.
stoppage resumes lien, does not rescind contract, 236, 264, 268.
right of, paramount to carrier's general lien and to rights of creditor,

236.

duration of transit defined, 237, 239, 240, 242–244.

goods may be in transit though not in motion, 238.
question is, in what capacity the agent holds ? 237, 238.
master of buyer's own ship a carrier, when, 238, 239.
buyer's agent to take delivery, 240.

destination contemplated by buyer may be either the end of transit

or the further destination only, 240, 241.

question is, does the bailee hold goods as carrier till then? 241.
possession taken by buyer before arrival ends the transit, 244.
semble, no distinction between rightful and wrongful taking, 245.
transit ends by attornment by carrier at destination in spite of

further destination, 245, 248.

various meanings of "destination," 246.

mutual assent to attornment necessary, 247.

buyer rejecting goods in hands of carrier prolongs transit without
fraudulent preference, 248.

master of buyer's chartered ship, when a carrier, or not, 248, 250.
ordinary charter and demises distinguished, 249.

possession of buyer's master may be the destination of the goods, 250.
carrier's wrongful refusal to deliver to buyer ends the transit, 250.
when part delivery by carrier amounts to a complete delivery, 251,
252.

stoppage, how generally effected, 252, 254.

any act must be done with intent to stop, and by virtue of right
paramount, 253.

notice to stop, how, and to whom given, 252, 253.

duty of shipowner to forward notice, 254.

carrier's duty to re-deliver to seller, and liability in that behalf, 252,

254.

this enforceable by action, 254, 298.

expenses of re-delivery the seller's, 252, 254, 255.
effect on right of, of a re-sale by seller or buyer.
SUB-BUYER,

See Re-sale.

document of title made out in name of, not a transfer from buyer,
262, 263.

SUBSTITUTED CONTRACT,

may take delivery so as to end transit, 240.

right of, to tender seller payment on latter's notice of re-sale, 268.

See Title; Re-sale; Stoppage in Transit; Lien.

SUB-CONTRACT, when buyer buys to fulfil a, known to seller, seller's
liability in damages, what, 292, 293.

must be in writing if under sect. 4...47.

distinction between, and substituted mode of performance, 47.
rule stated, 48.

SURETY,

for buyer, cannot stop in transitu in his own name, 213.
his rights in such case, 213.

TENANT,

sale of fixtures to an incoming, when semble not a sale of goods, 27.
sale by outgoing to one not an incoming, semble is such a sale, 27.

TENDER,

irregular, of goods, when revocable, 175.

averment of, unnecessary in case of concurrent condition, 179, 180.
of delivery, must be at reasonable hour, 186, 187.

default by buyer to, cash, when an invitation to rescind, 66, 197.
seller must on, of delivery, offer a reasonable examination of goods,
202-204.

buyer after rejection, and, of goods to seller, may recover expenses,
208.

of payment in performance, how made, 210.

seller's lien till payment or, of price, 219, 220, 234, 236. See Lien;
Stoppage in Transit.

qy. whether a, of carrier's expenses of re-delivery after stoppage
necessary, 254, 255.

of price by buyer within reasonable time necessary on seller's notice
of re-sale, 267, 268.

buyer's, though after previous default, destroys seller's right of
re-sale, 269.

TERMS OF CONTRACT,

to be regarded in ascertaining intention as to transfer of property,
113, 116.

whether breaches of instalment contracts are vital depends on, 194,
196.

TESTING, when necessary to ascertain price, effect of, on property, 124.
THINGS ATTACHED TO LAND,

are goods" if agreed to be severed, 23, 313.

term includes fructus naturales and fixtures, 25. See Goods.

THINGS IN ACTION excluded from "goods," 23, 312.

TIME,

of performance, voluntary forbearance as to, 47, 48.

66

of arrival of goods sold to arrive," a condition, 55, 56.

stipulations as to, of payment, &c., whether conditions or not. See
Condition and Warranty.

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warranties limited in, effect of, 109. See Condition and Warranty.
definition of "month," 64.

of shipment a condition, 66, 67, 88.

condition of merchantable quality, or of fitness, extends to a reason-
able, for transit, 98.

buyer's request to inspect goods must be made at a reasonable, 105.
demand and tender of delivery must be made at a reasonable hour,

186.

buyer must pay or tender price within reasonable, after seller's notice
of re-sale, 267.

may be limited for transfer of property, 1, 7.

rules of construction as to, when property passes, 117 et seq.
property may pass though, of payment or delivery postponed, 117, 118.
fixed or reasonable, for return of goods sent on approval, &c., 125,
127, 128.

effect on risk of goods of delay in, of delivery by fault of either party,
143.

at what, goods bound by delivery of writ to sheriff, 171.

duty of sheriff to indorse, of receipt on writ, 171, 173.

of payment when goods (payable after arrival) perish, 175.

of delivery in performance by seller, 182, 183.

retainer for unreasonable, evidence of acceptance in performance,
205, 206.

lien revives on expiration of, of credit, 219, 220.

or times, for delivery, acceptance, as affecting damages. See Action.

TITLE,

implied condition and warranties of, 79, 83. See Condition and
Warranty.

wilful non-disclosure of absence of, a fraud, 148.

buyer ordinarily requires no better, than seller had, 148, 149.
exceptions, statutory or otherwise, 148-150.

Market Overt,

passes by sale in, according to usage of market, to buyer in good
faith and without notice, 150, 151, 153.

provisions as to sales of horses, 150, 153, 317 et seq.
Scotch law saved, 153.

Crown not bound by sale in, 150.

owner's title revives on his regaining possession, 150.
1 Jac. 1, c. 21, s. 5, repealed, 151, 153, 316.

market overt defined, 151.

both sale and delivery in market overt essential, 151, 152.
usage of market stated, 152.

qy. whether sale to shopkeeper in London protected? 152.
Voidable Title,

G.

person with a voidable title may sell, when, 153, 154.

voidable title, how avoided, 155.

sect. 23 compared with sect. 25 (2)...155.

illustrations of voidable and void titles, 155, 156.
Revesting of Title,

revesting of, in goods stolen on conviction of offender, notwith-

standing intermediate dealing therewith, 156-158.
general effect of sect. 24 summarized, 156.

qy. whether prosecution by owner necessary? 157.

property in goods obtained by wrongful means, other than lar-
ceny, does not revest by reason only of conviction, 158, 159.
in both above cases, when property does not pass, Act not
required, 158, 159.

semble, restitution order preserved by Act, 159.
Scotch law saved, 156, 159.

Sales by Seller or Buyer in Possession,

seller in possession of goods or documents of title, or his mercan-
tile agent, can sell, pledge, &c., when, 160, 163.

estoppel at common law necessary, 161.

effect of sect. 25 (1) compared with previous Factors Acts, 160, 161.
sect. 25 (1), semble, not confined to fraudulent sales, 161.

effect of sect. 25 (1), as compared with sect. 48 (2)...161, 266.

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mercantile agent" defined, 160, 170.

the necessary conditions to validity of seller's disposition, 162.
seller's "possession" defined, 162.

the transaction must be executed by delivery or transfer, 160, 163.
sect. 3 of Factors Act, 1877, compared with sect. 25 (1)...162, 163.
meaning of "sale, pledge, or other disposition," 163."
character of goods dealt with, when seller or agent acts, 164.
qy. whether seller's mercantile agent may pledge for his own
debt, or take goods in exchange? 165.

"good faith" and "notice" defined and explained, 165.
effect of the sale, pledge, &c., when above conditions fulfilled,
160, 166.

buyer obtaining, with seller's consent, possession of goods or
documents, can re-sell, pledge, &c., when, 160, 166, 170.
sect. 25 (2) compared with sect. 9 of Factors Act, 1889, and
sect. 4 of Factors Act, 1877...166.

meaning of "having bought or agreed to buy," 166, 167.

of the corresponding words in Factors Act, 1877...169.

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TITLE-continued.

Sales by Seller or Buyer in Possession-continued.

the conditions necessary to the validity of the buyer's sale, &c.,
167, 169.

buyer's possession of the goods must be (where seller's lien is
concerned) as special bailee, 167, 168.

sect. 25 (2) compared with sect. 47 with regard to possession of
the documents of title, 168, 261.

seller's consent to buyer's possession, what sufficient, 168, 169.
meaning of "other right "of seller, 169.

effect of the transaction, 160, 169.

"mercantile agent" defined, 160, 170.

nature of the goods dealt with by latter, 169, 170.

qy. whether agent may pledge for his antecedent debt, or may
barter goods? 170.

Writs of Execution,

at what time writ binds the property in the debtor's goods, 171.
and as against the Crown, 171.

duty of sheriff to indorse particulars of date of receipt on writ,

171.

qy. extent of his liability? 173.

title acquired in good faith and without notice, protected, when,
171, 172.

"sheriff" defined, 171, 173.

Scotch law saved, 171.

effect of sect. 26 on previous law, 172.

See Sheriff.

Other Cases,

of sub-buyer or pledgee from buyer as against seller's rights.
See Unpaid Seller.

of sub-buyer from seller exercising power of re-sale. See
Re-sale.

TRADE NAME, no condition of fitness on sale of specified article under
its, 90, 94.

TRADE USAGE,

impliedly included in contract of sale, 19.
rules as to the inclusion of, 296–298.

as to supply by manufacturer of goods of other make, 87.

condition of quality or fitness may be implied from, 90, 100.

may modify rights of parties with regard to the quantity of the
goods, 188, 192.

that goods not returned within certain time are accepted, 206.
that goods sold on credit not deliverable till payment, 221.
cannot make a document one of title, when, 257, 259.
agreement to pay interest on price may be inferred from, 290.
See Right, Duty, or Liability.

TRANSIT,

effect of deterioration in, on condition of quality, &c., 98.
incidence of the risk of, 198, 201, 202. See Risk.
stoppage in, 234 et seq. See Stoppage in Transit.

TRIAL,

when property passes in goods delivered on, 125–129.
time for, 128.

question whether excessive, one of fact, 127.
buyer a bailee of goods sent on, 126, 146.

TROVER. See Conversion.

UNPAID SELLER,

partnership may exercise rights of, against partner, 6.

defined, and illustrated, 209, 212.

persons included in the term " seller" in this connection, 212, 213.
non-payment of the whole price, 209, 210.

effect of receipt of bill of exchange, &c., 209-211, 233.
dishonour of bill, or insolvency of buyer, 211, 212, 233.
of a quasi-seller, 213, 214.

rights of, stated, 214-216.

property passes to buyer subject to rights of, 215.

analogous rights of, when property has not passed, 218, 219.
lien and stoppage in transitu defined and distinguished, 216, 217.
attachment by, in Scotland, 219.

lien of. See Lien.

right of stoppage in transitu of. See Stoppage in Transit.

rights of, how defeated. See Re-sale.

re-sale by. See Re-sale.

contract of sale primâ facie not rescinded by exercise of his rights
by, 264.

when it is, 268, 269.

UPSET PRICE, effect of an, at auction, 299, 302.

USAGE. See Trade Usage.

VALUATION,

distinction between, and arbitration, 63.
of price, 62 et seq. See Price.

VALUE,

contracts of the, of 107. and upwards, require writing, &c., under
sect. 4...21 et seq.

what are contracts of the, of 107., 27, 28. See Contract of Sale.
substituted in sect. 4 for "price" in sect. 17 of the Statute of Frauds, 23.
implied contract to pay the, of goods accepted when quantity defec-
tive, 188, 191.

so, of goods already delivered recoverable after repudiation of con-
tract, 20 (Ill. 2), 196.

VALUER,

measure of damage for breach of warranty of quality depends on the,
of goods delivered, 288.

in default liable in damages, 63.

collusion by, with buyer, a fraud, 66.

distinction between, and arbitrator, 63.

VENDITIO SPEI,

defined, 55.

instance, 55.

distinguished from sales of goods "to arrive," 55.

VOIDABLE TITLE,

seller having a, may pass good title, when, 153, 154.
how avoided, 154.

distinguished from void title, 154.

VOID CONTRACT,

distinguished from voidable, 154.

for sale of goods to infant, 10.

for sale of specific goods which have perished, 58.

where alleged subject-matter not intended to be dealt with, 2.
where no consensus as to personality of the other party, 2.
or express refusal to contract with him, 2.

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