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STOPPAGE IN TRANSIT,
the unpaid seller's right of, 234, 236, 237.
distinguished from reservation of right of disposal, 234.
what is "insolvency," and when it must exist, 235, 315.
duration of transit defined, 237, 239, 240, 242–244.
goods may be in transit though not in motion, 238.
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.
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
master of buyer's chartered ship, when a carrier, or not, 248, 250.
possession of buyer's master may be the destination of the goods, 250.
stoppage, how generally effected, 252, 254.
any act must be done with intent to stop, and by virtue of right
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,
this enforceable by action, 254, 298.
expenses of re-delivery the seller's, 252, 254, 255.
document of title made out in name of, not a transfer from buyer,
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
must be in writing if under sect. 4...47.
distinction between, and substituted mode of performance, 47.
for buyer, cannot stop in transitu in his own name, 213.
sale of fixtures to an incoming, when semble not a sale of goods, 27.
irregular, of goods, when revocable, 175.
averment of, unnecessary in case of concurrent condition, 179, 180.
default by buyer to, cash, when an invitation to rescind, 66, 197.
buyer after rejection, and, of goods to seller, may recover expenses,
of payment in performance, how made, 210.
seller's lien till payment or, of price, 219, 220, 234, 236. See Lien;
qy. whether a, of carrier's expenses of re-delivery after stoppage
of price by buyer within reasonable time necessary on seller's notice
buyer's, though after previous default, destroys seller's right of
TERMS OF CONTRACT,
to be regarded in ascertaining intention as to transfer of property,
whether breaches of instalment contracts are vital depends on, 194,
TESTING, when necessary to ascertain price, effect of, on property, 124.
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.
of performance, voluntary forbearance as to, 47, 48.
of arrival of goods sold to arrive," a condition, 55, 56.
stipulations as to, of payment, &c., whether conditions or not. See
warranties limited in, effect of, 109. See Condition and Warranty.
of shipment a condition, 66, 67, 88.
condition of merchantable quality, or of fitness, extends to a reason-
buyer's request to inspect goods must be made at a reasonable, 105.
buyer must pay or tender price within reasonable, after seller's notice
may be limited for transfer of property, 1, 7.
rules of construction as to, when property passes, 117 et seq.
effect on risk of goods of delay in, of delivery by fault of either party,
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,
lien revives on expiration of, of credit, 219, 220.
or times, for delivery, acceptance, as affecting damages. See Action.
implied condition and warranties of, 79, 83. See Condition and
wilful non-disclosure of absence of, a fraud, 148.
buyer ordinarily requires no better, than seller had, 148, 149.
passes by sale in, according to usage of market, to buyer in good
provisions as to sales of horses, 150, 153, 317 et seq.
Crown not bound by sale in, 150.
owner's title revives on his regaining possession, 150.
market overt defined, 151.
both sale and delivery in market overt essential, 151, 152.
qy. whether sale to shopkeeper in London protected? 152.
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, in goods stolen on conviction of offender, notwith-
standing intermediate dealing therewith, 156-158.
qy. whether prosecution by owner necessary? 157.
property in goods obtained by wrongful means, other than lar-
semble, restitution order preserved by Act, 159.
Sales by Seller or Buyer in Possession,
seller in possession of goods or documents of title, or his mercan-
estoppel at common law necessary, 161.
effect of sect. 25 (1) compared with previous Factors Acts, 160, 161.
effect of sect. 25 (1), as compared with sect. 48 (2)...161, 266.
mercantile agent" defined, 160, 170.
the necessary conditions to validity of seller's disposition, 162.
the transaction must be executed by delivery or transfer, 160, 163.
"good faith" and "notice" defined and explained, 165.
buyer obtaining, with seller's consent, possession of goods or
meaning of "having bought or agreed to buy," 166, 167.
of the corresponding words in Factors Act, 1877...169.
Sales by Seller or Buyer in Possession-continued.
the conditions necessary to the validity of the buyer's sale, &c.,
buyer's possession of the goods must be (where seller's lien is
sect. 25 (2) compared with sect. 47 with regard to possession of
seller's consent to buyer's possession, what sufficient, 168, 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
Writs of Execution,
at what time writ binds the property in the debtor's goods, 171.
duty of sheriff to indorse particulars of date of receipt on writ,
qy. extent of his liability? 173.
title acquired in good faith and without notice, protected, when,
"sheriff" defined, 171, 173.
Scotch law saved, 171.
effect of sect. 26 on previous law, 172.
of sub-buyer or pledgee from buyer as against seller's rights.
of sub-buyer from seller exercising power of re-sale. See
TRADE NAME, no condition of fitness on sale of specified article under
impliedly included in contract of sale, 19.
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
that goods not returned within certain time are accepted, 206.
effect of deterioration in, on condition of quality, &c., 98.
when property passes in goods delivered on, 125–129.
question whether excessive, one of fact, 127.
TROVER. See Conversion.
partnership may exercise rights of, against partner, 6.
defined, and illustrated, 209, 212.
persons included in the term " seller" in this connection, 212, 213.
effect of receipt of bill of exchange, &c., 209-211, 233.
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 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
when it is, 268, 269.
UPSET PRICE, effect of an, at auction, 299, 302.
USAGE. See Trade Usage.
distinction between, and arbitration, 63.
contracts of the, of 107. and upwards, require writing, &c., under
what are contracts of the, of 107., 27, 28. See Contract of Sale.
so, of goods already delivered recoverable after repudiation of con-
measure of damage for breach of warranty of quality depends on the,
in default liable in damages, 63.
collusion by, with buyer, a fraud, 66.
distinction between, and arbitrator, 63.
distinguished from sales of goods "to arrive," 55.
seller having a, may pass good title, when, 153, 154.
distinguished from void title, 154.
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.