도서 정보
내 라이브러리
Google Play 도서
References are to sections.
Warranties by agents......
Agent's implied authority to warrant title...
Agent's implied authority to warrant quality.
Custom - Judicial notice.....
Customary warranties on sales of machinery.
Sale by sample ........
...
Authority limited to a particular warranty..
.........
Limitations upon power to warrant - Unusual warranties......
Authority exhausted, when.......
Authority to warrant soundness of horses..
III. IMPLIED WARRANTIES.
Implied warranty defined
Implied warranty when express warranty exists
Time and place of implied warranty
Deterioration during shipment..
Implied warranties classified.....
1. Implied Warranty of Title.
Under what circumstances a warranty arises in general...........
1300
Subsequently acquired title inures to benefit of buyer..
Warranty implied on exchange of property.....
No implied warranty of title in official sales, etc...
None where seller is known to be mere agent...
None where circumstances negative the presumption..
1305
1306
1307
1308
1309
2. Implied Warranties of Quality.
In general.....
1310
a. Caveat Emptor.
No warranty implied on sale of ascertained chattel open to inspection 1311
Mere inconvenience of examination does not affect rule......... 1312
No implied warranty of quality as to obvious defects..
No implied warranty in such cases even though seller knew that
chattel was bought for specific purpose..
Or that the defect be latent..
1313
... 1314, 1315
1316
1317, 1318
1319
Unless the seller of goods with latent defects be the manufact-
urer or grower
No warranty of soundness from payment of sound price.
b. Of Conformity to Sample.
On sale by sample, warranty implied that bulk is equal to sample in
quality....
1320
What constitutes a sale by sample...
Effect of inspection
How question determined.....
Effect of usage..........
Parol evidence....
Extent of warranty.
Co-existence of other warranties..
c. Genuineness.
d. Conformity to Description.
1321
1322-1324
1325
1326
1327
1328-1330
1331
Implied warranty of genuineness on sale of bonds, notes, etc......... 1332
Sale by description-The English rule
Sale by description in the United States imports warranty of identity
of kind.....
Implied warranty of fitness where goods for particular use.....
To what sellers the rule applies.....
Extent of the warranty-Latent defects...
Reasonable fitness....
1340
1341
1342
Article originally designed for different use — - Second-hand goods 1348
Warranty not implied where buyer selects the article or a spe-
cial and ascertained article is ordered......
Nor where qualities are specified by the buyer
1349
1350
1351
Specification by seller....
Manufacturer warrants kind, materials and workmanship...... 1352
Also that goods are new and of his own make.
Warranty of fitness by breeder or grower....
Sale by dealer of provisions for consumption by buyer implies war-
ranty of fitness for food
How when seller is not dealer....
Other circumstances raising warranty..
No implied warranty of purity of water furnished by water com-
panies
1356
1357
1358
1359, 1360
1. Acceptance in Case of Present Sale.
Acceptance here contemporaneous with contract..
Receipt where delivery postponed...
Waiver of irregular delivery
2. Acceptance in Case of Executory Contract.
1366
1367
1368
Necessity and nature of acceptance here...
What is meant by acceptance in these cases..
What buyer is bound to accept
1369
1370, 1371
1372
When and where buyer is bound to accept
Buyer's right of inspection before acceptance.
Time, place and method of test...
Right to use or consume goods in test
Express acceptance....
Implied acceptance · Retention beyond reasonable time..
Retention beyond agreed time...
1373
......
1374
1375, 1376
1377
1378
1379
1380, 1381
1382
As waiver of quality-1. Where there was no warranty..
1391
2. Where there was implied warranty or condition.
1392, 1393
3. Where there was an express warranty ...
1394, 1395
Effect of acceptance where contract provides that it shall be conclu-
sive....
1396
Effect of acceptance when brought about by fraud, mistake or prom-
ise to remedy....
1397
Effect of acceptance or rejection in part
Rejection-Method and effect..
1398-1401
1402, 1403
When no term of credit, payment and delivery presumptively con-
temporaneous ....
1405, 1406
1407
By contract payment may be due before title passes.
Demand for payment not necessary...
1415
1416
....
IL PLACE OF PAYMENT.
When no place of payment specified, debtor must seek creditor...... 1417
Unless otherwise agreed, payment to be in lawful money..
1421
Authority to receive payment not implied from possession of bill.....
Agent having possession or other indicia of ownership may receive
1445
payment....
1446
Agent to sell merely or to solicit orders, without possession of goods,
not authorized to receive payment.....
1447
When authority to receive payment implied from possession of secu rities......
1453
Whether authority to receive payment implied from relation of par-
ties - Husband and wife - Parent and child....
1454
If authorized to take check or note, has no authority to indorse and