ON

THE LAW OF SALE

OF

PERSONAL PROPERTY

BY

FLOYD R. MECHEM

AUTHOR OF "MECHEM ON AGENCY," "MECHEM ON PUBLIC OFFICERS," "MECHEM'S ELE-
MENTS OF PARTNERSHIP;” EDITOR OF MECHEM'S HUTCHINSON ON CARRIERS, ETC.;

TAPPAN PROFESSOR OF LAW IN THE UNIVERSITY OF MICHIGAN

IN TWO VOLUMES

VOLUME II

CHICAGO
CALLAGHAN AND COMPANY

OF AVOIDANCE OF THE CONTRACT BY CONSENT OF PARTIES.

In general.....

801, 802

I. TERMINATION OF CONTRACT BY SUBSEQUENT MUTUAL CONSENT.

Contract may be discharged by agreement....

Executory contracts...

Executed contracts...

Substitution of a new contract.

- Intention must be clear.

Introduction of new parties....

803

804

805

806

807

808

References are to sections.

Formalities of rescission – Delivery.....

809

One party alone cannot rescind – Breach of contract acquiesced in, as
a rescission.....

... 810, 811

IL TERMINATION OF THE CONTRACT IN PURSUANCE OF THE ORIGINAL

AGREEMENT.

Parties may stipulate for subsequent termination.....

812

Right may be reserved to terminate for any cause.

813

Or may be limited to particular cause or event..

814

Or may be limited as to time and manner...

815

Usually no rescission of executed sale for mere breach of warranty -

Allowed in some States......

816-819

May be rescission for fraudulent warranty....

820

Contract may provide for rescission for mere breach of warranty....

821

Rescission for breach of warranty on sale of implements..

822

Form...

823

Conditions...

824

Unless waived, conditions precedent.

825

Rescission for non-payment of price..

826, 827

CHAPTER III.

OF AVOIDANCE OF THE CONTRACT FOR FAILURE OF CONSID-

ERATION.

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 considera-

tion...

838, 839

CHAPTER IV.

OF AVOIDANCE OF THE CONTRACT FOR MISTAKE

Purpose of this chapter.....

Kinds of mistake involved.