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References are to sections.

II. 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.....

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

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

References are to sections.

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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 yoidable, 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

Who are creditors

969

Nature of demand — Contract or tort — In judgment...

970

Absolute or conditional.

971

Existing or subsequent creditors — What conveyances existing cred-

itors may avoid..

972

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References are to sections.

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