The Law of Sales of Personal Property

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Little, Brown,, 1913 - 407ÆäÀÌÁö

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The Consideration Test accepted by some States 31 The Test of Deliverability by others 32 The Deliverability Test in New York
22
Special Order Test in Massachusetts 34 Upon whose Materials is Labor expended Georgia and Vermont
23
Doctrine of Lee v Griffin in the United States
24
Ultimate Object of Contract must be the Transfer of Title to Goods
25
GOODS OR AN INTEREST IN LAND 38 Distinct Species of Property 39 Minerals
26
40
27
Soil Products 42 Annual Crops
28
Natural Soil Products
29
Other Views
30
Fixtures in England
31
Trade Fixtures in the United States
32
Contract for Sale of Land and Goods 7 THE PROPERTY
33
Sale transfers General Property 49 A Sale differs from a Mortgage 50 A Sale differs from a Pledge 51 A Sale differs from a Lien and a Trust
34
Application of Foregoing Rules
35
Grain in Public Warehouses
36
THE PRICE
37
Necessary to Sale 55 Sale or Barter
38
If Price is not stipulated
39
Reasonable Price
40
PRICE AND Part PaymeNT UNDER THE STATUTE OF FRAUDS 58 Price must exceed a Named Sum 59 Several Articles bought at one Interview
41
Uncertainty of Aggregate Sum 61 Earnest and Part Payment
42
Time of Part Payment
43
THE FORM OF THE CONTRACT
44
CHAPTER II
53
Is a Sale for Cash conditional?
59
Nature of the Memorandum
63
Memorandum not a Written Contract
64
UNASCERTAINED OR FUTURE GOODS
71
Waiver of Subsidiary Provision
78
61
79
Buyers Rights upon tendering Performance
85
CHAPTER III
90
130 What Act amounts to a Receipt
94
If Goods are on the Land of a Third Party
95
Actual Receipt involves Mutual Assent
96
Receipt of Document of Title instead of the Goods
97
Receipt and Acceptance under Contract of Sale with Option to resell or repurchase
98
CHAPTER V
99
Conditions and Warranties
100
Warranty should be used in a Single Sense
101
The Nature of Promissory Conditions
102
Damages for its Breach when its Effect as a Condition is waived
103
Distinction between Promissory Conditions and War ranties
104
B PROVISIONS WHICH ARE MERE CONDITIONS
105
Sale of Goods to be appraised
106
Sale of Goods to be approved by a Third Person
107
Effect of Third Partys Decision
108
Judicial Construction of these Contracts
109
TO SATISFY THE STATUTE OF FRAUDS
110
This Engagement is not collateral to the Sale Contract
111
It is treated as Collateral by some Courts
112
A Different View of the Effect of Acceptance
157
Breach of Warranty as a Tort
164
A TRANSFER OF POSSESSION WITHOUT CHANGE OF LOCATION
184
Does Notice to Third Party dispense with Attornment?
190
Place of Delivery is generally the Place of Inspection
198
288
199
Absolute Title before Inspection
204
Stock Certificates with Indorsements signed in Blank
214
Destruction of the Property after Delivery
221
INDEX
224
Caldwell v Ball misunderstood by the Massachusetts
227
SPECIFIC PERFORMANCE BY THE SELLER MAY BE DECREED
236
Seller and Buyer need not be agreed as to the Precise
242
Rarely given in England
250
Strict Performance may be waived
252
DAMAGES FOR NONACCEPTANCE
256
368 369 370 Premature Repudiation by Purchaser
257
Rules for the Measure of Damages
259
Seller may sue as soon as Buyer repudiates
260
Horst v Roehm stated
261
a Buyers Breach not amounting to Repudiation
262
3 BUYERS DUTY TO TAKE AWAY GOODS
263
The Unpaid Seller
264
Lien accorded to Quasi Vendors
265
Seller in Possession
266
Lien waived Sale on Credit
267
a The Lien Ceases
268
Effect on Lien of Transfers of Buyers Interest
269
How this Right differs from that of Lien
270
The Unpaid Seller
271
Factors who are not Unpaid Vendors
272
Buyer Insolvent when Goods despatched
273
Interception of Transit by Attornment
275
Interception by Sole Act of Buyer
276
Interception by Transferee of Buyer
277
Transferee of Bill of Lading
278
Bill of Lading must be transferred for Value
279
When Bill of Lading is transferred as Security
280
Absolute Transfer of Bill of Lading with Subpurchase Price unpaid
281
Transit continues until the Goods come to Buyers Pos session
283
Deposit of Goods in Bonded Warehouse
284
a Carriers Wrongful Refusal to deliver
285
Doctrine of Newhall v Central Railway
287
Rejection of Goods which conform to the Contract
293
POSSESSION AS EVIDENCE OF TITLE
299
THE EARLIER FACTORS ACTS IN ENGLAND
305
HISTORICAL SKETCH OF THE FACTORS ACTS IN THE UNITED STATES
311
passes or
401
This Statute modifies Rule of Common
405
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