References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798-1850.

REMEDIES OF THE BUYER AGAINST THE SELLER (continued) —

action for breach of warranty, 1809.

what form of action; contract or tort? 1810.

notice of defect; offer to return, 1811.

conditional warranty, 1812, 1813.

vendee not bound to anticipate or search for defects, 1814.
who liable for breach of warranty; principal; agent, 1815.
purchaser of draft with bill of lading attached, 1816.

measure of damages for breach of warranty; in general, 1817, 1818.

time, 1819.

place, 1820.

measure of damages for breach of warranty when goods bought for
special purpose, 1821.

damages for losses incidental to use or purpose contemplated, 1822-
1825.

expenses incurred, 1826.

gains prevented, 1827, 1828.

purely speculative profits, 1829-1831.

losses not contemplated, 1832.

measure of damages where goods bought to be resold, 1833.

damages paid sub-vendee for breach of same warranty, 1834.
buyer may recover for breach of warranty though he has not paid the
price, 1835.

or though he has paid the price, 1836.

or though he may have resold the goods, 1837.

or though he may have made a profit on them, 1838.

remedies for deceit or fraud, 1839.

elements of fraud, 1840.

reliance on representations, 1841.

representations must have been proximate cause of injury, 1842.
measure of damages, 1843.

buyer may recoup damages in action by seller for the price, 1844.
defense of failure of consideration, 1845-1847.

recovery as for failure of consideration, 1848-1850.

RENUNCIATION (see REPUDIATION) ·

by one party excuses other, 1087.

rights of one when other renounces, 1088.

retraction of, 1090.

of order for goods, 1699.

damages where seller repudiates contract in advance, 1750.

REPAIRS

to chattel, when title to, passes, 762.

effect on seller's rights, 1706.

need not treat as present breach, 1707.

measure of damages if so treated, 1709-1712.

treating as rescission and recovering quantum valebat, 1713.

contracts for, within statute of frauds, 328.

of goods bought for that purpose, 601.

damages for loss of, 1761-1766.

cost of procuring substitute, 1769.

costs of defending action brought by sub-vendee, 1769.
damages for breach of warranty of goods resold, 1833.
damages paid sub-vendee, 1834.

RESELL, SELLER'S RIGHT TO

1. When Title has Passed.

in general, 1622, 1623.

to what kinds of property right of resale attaches, 1624.

when right may be exercised, 1625.

duty to hold goods until price due, 1626, 1627.

buyer's right to redeem the goods, 1628.

seller as agent of buyer, 1629, 1630.

buyer as agent of seller, 1631.

notice of resale, 1632.

1. Notice of seller's purpose to resell, 1633-1636.
2. Notice of time and place of resale, 1637.

place of resale, 1638, 1639.

the manner of resale, 1640, 1641.

time of resale, 1642.

effect of resale in determining value, 1643.
title of the purchaser at the resale, 1644.
2. Right of Resale on Executory Contract.
general considerations, 1645, 1646.
choice of remedies, 1647, 1648.
nature of right of resale, 1649.
how resale should be made, 1650.

References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798-1850.

RESCISSION (see AVOIDANCE OF CONTRACT) -

in pursuance of mutual consent, 803 et seq.

formalities required, 809.

both parties must concur, 810, 811.

in pursuance of original agreement, 812 et seq.
time, cause and manner, 813-815.

for breach of warranty not usually allowed, 816.
permitted in some States, 816-819. 1805.
contract may provide for, 821, 1806.

especially on sales of instruments, 822.
form, time and manner, 823–825.

for fraudulent warranty, 820. See FRAUD.

for mere non-payment of price, 826, 1655.

for failure of consideration, see FAILURE OF CONSIDERATION.
for mistake, see MISTAKE.

for innocent misrepresentation, see INNOCENT MISREPRESENTATION;
FRAUD.

for fraud, see FRAUD.

for illegality, see ILLEGALITY.

of term of credit only, 912, 1411.

of mode of payment only, 913.

restoration of consideration on, 914-921.

who may rescind, 922.

against whom, 923-927.

of contract, not effected by claim of seller's lien, 1523.

of contract, not effected by exercise of right of stoppage in transitu,
1612.

of contract, when ordered countermanded. 1700.

where title not passed and goods not delivered, 1689.

enables seller to recover quantum valebat, 1713.

of contract of conditional sale, 617.

return of consideration on, see RESTORATION.

RESERVATION OF JUS DISPONENDI (see JUS DISPONENDI; BILL OF
LADING; LIEN).

References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798-1850.

RESTORATION OF CONSIDERATION (continued) —

-

References are to sections: Vol. I, §§ 1-797; Vol. II, §§ 798-1850.

-

SALE (continued) —

judicial sales, 9.

public and private sales, 10.

to be distinguished from gift, 12.

from barter or exchange, 13–15.

from bailment, 19-32.

from contract of sale if approved, 33.

from contract of sale or return, 34.

from mortgage, 36.

from pledge, 37-40.

from agency to buy, 41, 42.

from agency to sell, 43–51.

from contract for work and labor, 52.
from compromise respecting liens, 53.
when title passes, see TITLE, TRANSFER OF.
SALE FOR CASH-

meaning and effect of, 541 et seq.

SALE "IF SATISFACTORY"-

contracts of, 663 et seq.

-

contracts of, 675 et seq.

SALE "TO ARRIVE".

when title passes on, 652.

SALE "TO BE SHIPPED".

when title passes, 656.

SALE "WITH OPTION TO RETAKE”–

when title passes, 686.

SAMPLE (see WARRANTY) —

sale by, what constitutes, 1321.

warranty on, 1320.

extent of warranty, 1328.

co-existence of other warranties, 1331.

effect of usage, 1326.

effect of inspection, 1322.

parol evidence to show, 1327.

conformity of goods to, a condition, 1212.

sale by, buyer's assent to appropriation of goods to, 731.

when title passes on sale of goods by sample, to be shipped, 757.