References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798-1850.

EXTENSION OF TIME

by acceptance of bill or note not due, 1428.

agent to receive payment may not grant, 1458.

FACTOR-

appointment of, when constitutes a sale, 46-50.
right to stop goods in transit, 1530.

FACTORS ACTS-

appearance of title under, 168.

how construed, 169.

FAILURE OF CONSIDERATION-

of the nature of the objection in general, 828, 829.

I. AS A DEFENSE TO THE BUYER.

in what cases applicable as defense to buyer, 830.

how in case goods not delivered at all, or in part only, or were not
such as buyer bound to accept, 831.

how when article received of no value; caveat emptor, 832, 833.

how on sale of invalid patent, 834.

how in sales of commercial instruments, 835.

how on sale of goods to which the seller had no title, 836.

how in case goods conditionally sold are retaken by seller, 837.

II. AS GROUND OF ACTION BY THE BUYER.

buyer may have action to recover price paid without consideration,
838, 839.

implied warranty by, of articles sold for food, 1357.

FERTILIZERS —

sale of uninspected, 1050.

damages for failure to furnish, 1774.

for breach of warranty, 1824, n.

FILING-

of contracts of conditional sale, 603.

FITNESS FOR FOOD-

sale by dealer of provisions for consumption by buyer implies warranty

of fitness for food, 1356.

how when seller is not dealer, 1357.

other circumstances raising warranty, 1358.

no implied warranty of purity of water furnished by water companies,

References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798-1850.

FITNESS FOR INTENDED USE-

implied warranty of fitness where goods for particular use, 1343, 1344.
to what sellers the rule applies, 1345.

extent of the warranty; latent defects, 1346.

reasonable fitness, 1347.

article originally designed for different use; second-hand goods,
1348.

warranty not implied where buyer selects the article or a special
and ascertained article is ordered, 1349.

nor where qualities are specified by the buyer, 1350.
specification by seller, 1351.

manufacturer warrants kind, materials and workmanship, 1352.
also that goods are new and of his own make, 1353.
warranty of fitness by breeder or grower, 1354, 1355.
FIXTURES-

goods sold conditionally become, when, 644 et seq.
sales of, within statute of frauds, 332 et seq.

F. O. B.-

meaning and effect of agreement to deliver, 733, note, 741, note.
agreement to deliver, how affects jus disponendi, 795–797.

FOOD (see FITNESS FOR FOOD; WARRANTY) -

implied warranty of fitness, on sale of, 1356.

to what sellers rule applies, 1357 et seq.

whether rule applies to water, 1359.

as "necessaries" for infant, 132.

for wife, 185.

FORCED SALE-

defined, 8.

FORMAL CONTRACT-

when necessary, 235, 236.

"FORTH WITH”—

how construed, 1134

FRAUD-

L OF FRAUD IN GENERAL

definition of fraud, 866.

must be false representation, 867.

whether concealment of truth equivalent, 868.

concealment of latent defects, 869.

must be present representation and not mere promise as to future, 870.
must be representation as to facts and not mere expression of opinion,

871.

must be representation of facts and not of law, 872, 873.

References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798-1850.

FRAUD (continued) -

representation must be material, 874.

representation must have been made with knowledge of its falsity or

without belief in its truth, 875.

Derry v. Peek, 876.

representation must have been made to be acted upon by injured
party, 877, 878.

party complaining must have been deceived by the representation, 879,
880.

right to rely on representation, 881-883.

misrepresentation must have caused proximate injury, 884, 885.

IL OF FRAUD UPON THE SELLER.

forms of fraud, 886.

fraudulent personation, 887, 888.

possession fraudulently obtained, 889.

fraudulently disposing of goods conditionally delivered, 890, 891.
misrepresentation by buyer as to his solvency or ability to pay, 892, 893.
representations to agents; "commercial agencies,” 894, 895.
how long may be relied upon; duty to notify of change, 896.
statement made by agency on its own information; material al-
terations of dealer's statement, 897.

representation must have been relied upon, 898.
other false representations inducing sale, 899, 900.
buying goods not intending to pay for them, 901, 902.

intention not to pay coupled with insolvency, 903.

cause for rescission distinct from false representations, 904.
intention, how determined, 905.

concealment of insolvency or inability to pay not enough, 906.
remedies of the seller, 907.

election of remedy; reasonable time, 908.

evidence of election, 909.

bringing action for deceit, 910.

election to rescind bars personal remedy, 911.

must rescind in toto; rescission as to term of credit only, 912.
rescission as to mode of payment only, 913.

must restore consideration, 914.

note of vendee or a stranger, 915.

things of no value, 916.

when defendant not interested, 917.

restoration impossible; goods damaged or partly sold, 918.

restoration in actions of trover, 919.

restoration waived, 920.

keeping tender of restoration open, 921.
who may rescind, 922.

References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798–1853

FRAUD (continued) —

against what parties rescission had; any one not bona fide purchaser
for value, 923.

assignees, mortgagees, creditors, etc., 924.
following proceeds as a trust fund, 925-927.
necessity of demand before action, 928, 929.
III. OF FRAUD UPON THE BUYER.
methods of defrauding, 930.

misrepresentations concerning title, 931.
misrepresentation concerning quality, 932.

buying "with all faults," 933.

misrepresentations must have deceived buyer, 934.
concealment of latent defect, 935.

representations as to value, 936.

market value, 937.
representation as to quantity, 938, 939.
remedies of the buyer, 940.

must restore article, 941.
must act promptly, 942.

IV. OF FRAUD UPON CREDITORS.
in general, 943.

the statutory provisions, 944.

declaratory of common-law rules, 945.

transactions voidable, not void, 946.

sales to defeat creditors usually valid between the parties, 947, 948.
basis and extent of creditors' right to interfere, 949, 950.

what dispositions obnoxious to the statutes, 951.

bona fide conveyances for value cannot be impeached, 952.
fraud of seller alone not enough, 953.

inadequacy of consideration, 954.

considerations other than pecuniary, 955.
conveyance subject to secret lien or trust, 956.

voluntary conveyances, 957.

intention of parties. 958.

relations of parties, 959.

retention of possession by seller as badge of fraud, 960.
regulated by statutes in some States, 961.

what delivery or change of possession necessary, 962.

immediate, 963.

actual, 964.
continued, 965.

exclusive, 966.

sufficiency usually question for jury, 967.

doubts resolved in favor of creditor or purchaser, 968.

References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798-1850.

FRAUD (continued) —

who are creditors. 969.

nature of demand; contract or tort; in judgment, 970.

absolute or conditional, 971.

existing or subsequent creditors; what conveyances existing creditors
may avoid, 972.

what subsequent creditors may avoid, 973.

where creditors of both classes, 974.

subrogation of subsequent to rights of existing creditors, 975.
creditors with notice, 976.

bona fide purchasers from fraudulent grantee, 977.

fraudulent conveyance not good as security for amount paid, 978.

V. OF FRAUD UPON SUBSEQUENT PURCHASERS.

in general, 979.

delivery as a requisite to the transfer of the title, 980, 981.
reasons for rule, 982.

retention of possession by seller as a badge of fraud, 983.

conclusiveness of presumption, 984.

statutory provisions, 985.

what delivery suffices, 986.

illustrations, 987, 988.

delivery of documents, 989.

seller as hailee of buyer, 990, 991.

who are purchasers, 992.

VL REMEDIES; FRAUD (see RESCISSION; REMEDIES; DECEIT; DAMAGES).
remedies of buyer when sale induced by fraud, 1839.

measure of damages recoverable by defrauded buyer, 1843.

measure of damages where misrepresentation is as to selling price,
1843, note.

buyer may recoup damages in action by seller upon fraudulent sale,
1844

rescission of term of credit procured by, 1411.

where it induces acceptance of note as absolute payment, 1431.

FRAUDS, STATUTE OF (see STATUTE OF FRAUDS).

FRAUDULENT DEBTOR

sale by, 151.

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