References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798-1850. MARKET VALUE- misrepresentations as to, 937. MARKING- goods, as evidence of delivery, 1190. MARRIED WOMAN (see HUSBAND AND Wife; Wife) — what contracts she may make, 137, 138. MASS- contract for sale of a portion of, 695 et seq. for chattel to be manufactured, when title passes, 761. furnishing food at, as a sale, 54. MEASURING- MENTAL UNSOUNDNESS (see INSANE PERSONS; DRUNKARDS). MERCHANTABILITY— as a condition precedent, 1213. implied warranty of, on executory sale, 1340. extent of, 1340. what satisfies, 1341. how, when there is express warranty of quality, 1342. MINERALS- sales of, within statute of frauds, 347. MISREPRESENTATION, INNOCENT (see FRAUD) — what here meant by misrepresentation, 855. - how misrepresentation to be distinguished from fraud, 856, 857. illustrations, 859, 860. importance of distinction, 861. question for the jury, 862. References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798-1850. MISREPRESENTATION, INNOCENT (continued) – effect of innocent misrepresentation. 863. - innocent misrepresentation rendered fraudulent by knowingly retain- MISREPRESENTATION, FRAUDULENT (see FRAUD). MISTAKE - 1. Effect on Contract. mistakes of parties in making the contract, 265. mistake as to nature of transaction, 266. mistake as to identity of party, 267–269. mistake regarding the thing sold, 270. existence of thing sold, 271. identity of thing sold, 272. unknown articles contained or concealed in thing sold, 273. mistake as to quantity, 274. mistake as to kind, quality or character, 275, 276. mistake as to location, 277. mistake as to terms of contract; price, 278. mistake as to possibility of performance, 279. 2. Avoidance for. kinds of mistake involved, 841. mistake which would prevent formation will justify avoidance, 842. 1. Mistake of buyer as to quality, seller being ignorant of that 2. Mistake of buyer as to quality, seller knowing of that mistake, 847. 4. Mistake of one party as to quality promised by the other known further as to mistake of quality, 851, 852. same rule in equity, 853. effect of the mistake, 854. MONEY- as "necessaries" for infant, 132. for wife, 185. must be genuine to be payment, 1422. agent to receive payment may take money only, 1455. MONOMANIA (see INSANE PERSONS) - how affects sale, 67. MONOPOLIES— sales promotive of, 1040. MONTH- References are to sections: Vol. I, §§ 1-797; Vol II, §§ 798-1850. how construed, 1135. "MORE OR LESS"— how construed as affecting quantity, 1166. how differs from sale, 36. MUTUAL ASSENT (see CONtract of Sale). NECESSARIES- insane person's contract for, binding, 84. infant's contract for, binding, 122-129. what constitutes, 130–132. married woman's authority to buy, 182-184. child's power to buy on father's credit, 186. when forged or dishonored, 1436 burden of proof, 1435. draft in payment, 1443. when forged or dishonored, 1436. agent to receive payment may not take, 1455. authority to receive note or check does not imply authority to indorse and collect, 1461. agent to collect note or other demand may not sell, 1462. specific performance of contracts for sale, 1730, NEW- implied warranty that goods are, 1353. NEW PARTIES- introduction of, into contract, 808. "NEXT YEAR"- agreement to deliver, 1134. NON COMPOS MENTIS (see INSANE PERSONS). NOTE - of infant, for necessaries, how far binding, 123, 124. giving of, as condition precedent, 546. for price, on illegal sale, 1004. sales of, within statute of frauds, 331. NOTE OR BILL (see NEGOTIABLE INSTRUMENTS; ACCEPTANCE). References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798-1850. NOTE OR MEMORANDUM — to satisfy statute of frauds, 422 et seq. See STATUTE OF FRAUDS. NOTICE - of readiness to deliver, 1123. of readiness to receive, 1123. of place of delivery, 1126, 1127. of time when goods will be tendered or demanded, 1130. of shipment, necessity for, to pass title, 740. to stop in transitu, given to whom, 1608, 1609. failure to give, of rejection, 1383, 1384. waiver of, of rejection, 1385. OBJECTIONS -- statement of one as waiver of others, 1077. OBVIOUS DEFECTS- warranty does not usually apply to, 1272. especially if artifice used to conceal, 1272. OFFER (see CONTRACT OF SALE) — acceptance of, 226 et seq. withdrawal of, 252 et seq. OFFER AND ACCEPTANCE (see CONTRACT OF SALE). "OFFERING FOR SALE”. statutes forbidding, 1047. OFFICERS (see PUBLIC OFFICERS). OFFICES- sales of, invalid, 1042. OFFICIAL SALES- no implied warranty on, 1307. OLEOMARGARINE- whether supplying at meals is a sale, 54. OPINION- mere expression of, not a warranty, 1241, 1242. OPTION as to place of delivery, 1127. as to quantity of goods, 1131. as to quantity, how exercised, 1170. OPTIONS - as to future deliveries, validity, 1038. OPTIONS TO BUY- whether constitute binding contract, 263 et seq. References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798–1850. ORAL WARRANTIES (see WARRANTY) – when effective, 1253. not when written also, 1254 et seq. ORDER- - goods sent by carrier in pursuance of, must conform to, 746. for goods, not such a written contract as excludes parol warranty, 1255. true owner not divested without his consent, 155. possession coupled with indicia of ownership, 157 et seq. former owner left in possession, 167. under Factors Acts, 168, 169. OWNERSHIP – acts of, indicating acceptance, 1387. authority to sell, of either, 178, 189. PAROL EVIDENCE- to show warranty, see WARRANTY. under statute of frauds, 398 et seq. PART PAYMENT — under statute of frauds, 409-419. PART PERFORMANCE- acceptance of, as waiver, 1075. See STATUTE OF FRAUDS. effect of acceptance or rejection in part, 1398. PARTICIPATION- in illegal purpose, effect on sale, 1011 et seq. PARTIES (see CAPACITY OF PARTIES; COMPETENCY) — who may be, 57-196. infants, 94 et seq. insane persons, 63 et seq. drunken persons, 86 et seq. spendthrifts, 92. married women, 133 et seq. corporations, 140 et seq. partnerships, 143 et seq. persons having only a defeasible title, 146–153. - |