References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798-1850. DELIVERY (continued) — IV. TO PASS THE TITLE. delivery not indispensable, 485, 486. title does not pass till goods prepared for delivery, 507 et seq. risk of loss, where seller to deliver, 733. V. TO SATISFY SELLER'S OBLIGATION. of the seller's duty to deliver possession, 1116. what is here meant by delivery, 1117. 1. The Obligation to Deliver. the obligation to deliver, 1118. delivery usually to be concurrent with payment, 1119–1121. conditions precedent to delivery; notice of readiness to deliver or re- 2. The Place of Delivery. when no place specified, delivery to be where goods were at time of where time is fixed but not the place, 1125. where the place is fixed but not the time, 1126. where place at option of one party, 1127. agreement as to place must be complied with, 1128. 3. The Time of Delivery. time of delivery when no time agreed upon; reasonable time, 1129. when notice is required, 1130. agreement to deliver during indefinite period, 1131. reasonable time, how determined, 1132, 1133. delivery where time is agreed upon; construction of terms, 1134. computation of time, 1136. hour of day, 1137. time of the essence of contract, 1138. performance at time a condition precedent, 1139. delivery by instalments; breach of one of successive performances, 1140. the English rule, 1141-1143. the rule in the United States, 1144. Norrington v. Wright; default in delivery, 1145. Pope v. Porter; default in delivery, 1146. McGrath v. Gegner; default in payment, 1147. weight of authority, 1148-1150. alterations by consent in time or place of delivery, 1151, 1152. 4. The Thing to be Delivered. article delivered must be the article agreed upon, 1154-1156. References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798-1850. DELIVERY (continued) – - amount delivered must be the amount agreed upon, 1157. tender of too much; rejection; selection, 1158. excess not charged for, 1159. waiver of discrepancy, 1160. tender of too little; rejection; acquiescence, 1161. retention of part delivered; implied promise to pay therefor, 1162. severable contract; failure as to part, 1165. quantity indefinite; "more or less;" "about," 1166-1169. quantity indefinite; option as to quantity; election, 1170, 1171. 5. To Whom Delivery is to be Made. must be to buyer or some one who represents him for that purpose, delivery to agent sufficient, 1173. delivery to one of joint purchasers sufficient, 1174. delivery to carrier, when sufficient, 1175. how question arises, 1176. how question determined, 1177. is matter of agreement; construction of agreement, 1178-1180. selection of carrier, 1182. delivery to the carrier must be made with due care, 1183. 6. What Constitutes Delivery. in general, 1185. delivery complete when goods properly placed at buyer's disposal, 1186. seller in readiness though buyer in default, 1189. marking and setting aside, 1190. where goods are on seller's land; license, 1191. where goods in custody of a third person, 1192. where goods in possession of bailee; attornment, 1193. delivery by transfer of bill of lading or warehouse receipt, 1194. delivery to carriers, 1195. delivery by carriers, 1196. delivery where goods are bulky or not capable of manual delivery; delivery where goods are retained by seller or bailee of buyer, 1198. delivery of articles situate on land sold, 1200. delivery of goods on vessel at sea, 1201. delivery where goods already in possession of buyer, 1202, References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798-1850. DELIVERY (continued) — 7. Delivery and Payment. delivery of goods not essential to recovery of price, 1412 et seq. and payment presumptively contemporaneous, 1407, 1408. and acceptance necessary to sustain count for goods sold and deliv- 8. Damages for Non-delivery. buyer's remedy in absence of, 1717 et seq. damages for failure of, when no time fixed for, 1748. measure of damages for delay in, 1790–1792. 9. Effect of Delivery. as waiver of seller's lien, 1482–1486. special or qualified, may not divest seller of lien, 1488. to carrier, effect on seller's lien, 1496, 1497. in part, effect on seller's lien, 1499. waiver of irregular, 1368, 1374. in part, effect of upon right of stoppage in transitu, 1602. - estoppel by form of, to assert seller's lien, 1504-1506. DEMAND- necessity of, before retaking goods on conditional sale, 628. not necessary to recovery of price, 1416. DENTAL SERVICES as "necessaries " for infant, 132. of goods in transit, whose loss, 739. DESCRIPTION (see CONFORMITY TO DESCRIPTION) — import warranty, 1334 et seq. See CONFORMITY TO DESCRIPTION; WAR- of goods sold, when necessary, 697, 713, 721. See APPROPRIATION; SEP- References are to sections: Vol. I, §§ 1–797; Vol. II, §§ 798–1850. "DIRECTLY”— how construed, 1134. DISABILITY— one party disabling himself from performance excuses other, 1097. by infant, see INFANT. DISAPPROVAL- notice of, on sale to be satisfactory, 661. See SALE *IF SATISFACTORY.” reasons for, on sale if satisfactory, 666. See SALE "IF SATISFACTORY." effect of illegality, 1003. DRAFT (see NEGOTIABLE INSTRUMENTS) — not payment if dishonored, 545. attached to bill of lading, 779. liability of buyer for breach of warranty, 1816. payment of, to satisfy statute of frauds, 404-408. See STATUTE OF References are to sections: Vol. I, §§ 1′ 797; Vol. II, §§ 798-1850. ESTOPPEL (see APPARENT OWNER) – title by, 157 et seq. by conduct to assert seller's lien, 1501-1503. by form of delivery order or warrant to assert seller's lien, 1504-1506. by warehouse receipts to assert seller's lien, 1507. EVICTION what constitutes, under warranty of title, 1796. when judgment is evidence of, against vendor, 1798. waiver as, 1070 et seq. that other party in default, 1081 et seq. that contract has been renounced, 1087 et seq. that buyer insolvent, 1093-1095. that other party unable to perform, 1096. that other party has disabled himself to perform, 1097. that performance impossible, 1098 et seq. that party has been prevented, 1106. EXECUTED SALE- what meant by term, 5. EXECUTORS - of thing sold, see THING SOLD; POTENTIAL EXISTENCE statutes forbidding, 1047. EXPRESS WARRANTY (see WARRANTY) — as excluding implied warranty, 1259–1261. |