"PUT"- meaning, 1034, n. QUALITY- - implied warranty as to, see WARRANTY. misrepresentations as to, 932. warranty of, how affected by acceptance of goods, 1391. QUANTITY- ascertainment of, as condition precedent, 515-527. misrepresentations as to, 938. indefinite, how much to be delivered, 1166. option as to, 1170. stipulated, must be delivered, 1216. waiver of, by acceptance, 1390. QUANTUM VALEBAT- recovery on, when buyer repudiates, 1613. RATIFICATION— of infant's purchases, 121. of Sunday sales, 1057. REMEDIES OF SELLER AGAINST GOODS — right to lien, see LIEN OF SELLER. right to stop goods in transit, see STOPPAGE IN TRANSITU. right to resell, see RESELL REMEDIES OF THE SELLER AGAINST THE BUYER PERSONALLY— L. WHERE THE TITLE HAS PASSED. in general, 1653. 1. Where the Goods have been Delivered. recovery of price the chief object, 1654. seller cannot rescind for mere non-payment of price, 1C55. may rescind for fraud, 1656. may reserve lien by contract, 1657. seller may recover price as for goods sold and delivered, 1658. when credit given, 1659. when no credit given, 1660. References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798-1850. REMEDIES OF THE SELLER AGAINST THE BUYER PERSONALLY (continued)- when payment of price is due;. on delivery, 1661, 1662. at expiration of term of credit, 1663. how when bill or note was to be given for the price, 1664. actual delivery and acceptance necessary to sustain count for goods actions for deceit, 1666. 2. Where the Goods have not been Delivered. title passing though goods not delivered, 1667. recovery of price where seller yet to do something to the goods, 1668. recovery of residue of price after resale in pursuance of lien, 1673. 1677. other remedies in like cases, 1678, 1679. vendor may resell and recover deficiency, 1680. right to keep property as his own and recover deficiency, 1681, 1682. II. WHERE THE TITLE HAS NOT PASSED. in general, 1683. 1. Where the Goods have been Delivered. ' recovery of goods and damages for breach of contract, 1684-1688. 2. Where the Goods have not been Delivered. where title has not passed and goods not delivered, action for dam- measure of damages usually difference between contract price and time for delivery, 1691. how market value shown; resale, 1692. scope of evidence, 1693. full contract price after tender allowed in some cases, 1694. contracts for sale of stocks, 1695. contracts for manufacture of chattel, 1696. contracts for production of that which has no market value, 1697. countermanding performance of executory contract, 1699. countermanding order after part delivery, 1700. countermanding order for goods when partly manufactured, 1701. form of repudiation. 1705. References are to sections: Vol. I, §§ 1-797: Vol. II §§ 798–1830. REMEDIES OF THE SELLER AGAINST THE BUYER PERSONALLY effect on seller's rights of repudiation by the buyer, 1706. measure of damages if seller does treat it as present breach, 1709– treating contract as rescinded and recovering quantum valebat, 1713. L WHERE THE TITLE HAS NOT PASSED. in general, 1716. 1. Where the Goods have not been Delivered. seller's breach of contract to sell and convey, 1717. specific performance not usually awarded, 1718. where chattel is unique, 1719. where chattel of peculiar importance, 1720–1723. where legal remedy inadequate, 1724. where chattel necessary to enjoyment of estate, 1725. contracts for sale and delivery in instalments, 1726. contracts for sale of corporate stocks and bonds, 1727, 1728. contracts for sale of inventions, patents or patented articles, 1729. contracts for sale of debts, notes, etc., 1730. contracts for sale of growing trees, 1731. specific performance not to be made substitute for damages, 1732. action at law for damages the usual remedy, 1734, 1735. measure of damages usually difference between contract price and how, when price paid in advance, 1741. how, when no market at place of delivery, 1742. how, when goods have no market value, 1743. how, when goods have neither market nor actual value, 1744. how, when no difference between contract price and market value, how, when goods to be delivered in instalments, 1746. how, when goods to be delivered "on or before" a certain day, 1747. how, when delivery postponed at seller's request, 1749. how, when seller repudiates before time for performance, 1750-1753. measure of damages where special circumstances were in contempla- general rule of damages for breach of contract; Hadley v. Baxendale, References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798-1850. REMEDIES OF THE BUYER AGAINST THE SELLER (continued) — loss of profits on resale contracted for, 1761. resale not contemplated, 1762. resale known to vendor, 1763-1765. extent of knowledge required; particular price, 1766, 1767. cost of procuring substitute, 1768. costs of defending action brought by sub-vendee, 1769. summary of English cases, 1770. measure of damages where goods intended for particular use, 1771-1776. pleading special damages, 1780. 2. Where the Goods have been Delivered. substantially same remedies as in preceding cases, 1781. II WHERE THE TITLE HAS PASSED. in general, 1782. 1. Where the Goods are not Delivered. specific performance of agreement to deliver, 1783. action for damages for breach of agreement to deliver, 1784. trover; measure of damages, 1786. how when goods of fluctuating value; stocks, bonds, etc., 1787, 1788. 2. Where the Goods have been Delivered. what questions arise, 1789. a. Where there was Delay in Delivery. measure of damages for delay, 1790-1792. b. Where Title Fails in Whole or in Part. damages for breach of warranty of title, 1794. what constitutes eviction, 1796. warranty broken by incumbrances, 1797. evidence of eviction; judgment; costs of suit, 1798. c. Where Goods Defective in Kind, Quality or Condition. caveat emptor, 1800. express stipulation for return or other remedy, 1801. rejection of goods, 1802, 1803. rescission for fraud, 1804. rescission for breach of warranty, 1805. in pursuance of agreement, 1806. waiver of special remedy; suit for breach of warranty, 1807. option where law gives right to rescind, 1808. |