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References are to sections: Vol. I, $S 1-797; Vol. II, SS 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 delir-

ered, 1665.
& 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.
postponed, receipt where, 1867.
waiver of irregular, 1368, 1374

in part, effect of upon right of stoppage in transitu, 1602.
DELIVERY ORDER -

estoppel by form of, to assert seller's lien, 1504–1506.
DEMAND

necessity of, before retaking goods on conditional sale, 628.
necessity for, on rescission, 928.

not necessary to recovery of price, 1416.
DENTAL SERVICES -

necessaries " for infant, 132.

for wife, 185.
DEPRECIATION

of goods in transit, whose loss, 739.
DESCRIPTION (see CONFORMITY TO DESCRIPTION) –

sale by, imports warranty of conformity, 1333 et seq.

correspondence of goods to, a condition, 1210.
DESCRIPTIVE WORDS -

import warranty, 1334 et seq. See CONFORMITY TO DESCRIPTION; WAR-

RANTY.
DESIGNATION -

of goods sold, when necessary, 697, 713, 721. See APPROPRIATION; SEP-

ARATION; Mass.
DESTRUCTION -

of property sold conditionally, whose loss, 634.
DETERIORATION -

risk during transit, who bears, 739.

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References are to sections: Vol. I, SS 1-797; Vol. II, SS 798–1850.
“DIRECTLY"

how construed, 1134.
DISABILITY-

one party disabling himself from performance excuses other, 1097.
DISAFFIRMANCE

by infant, see INFANT.
DISAPPROVAL-

notice of, on sale to be satisfactory, 661. See SALE "IF SATISFACTORY.”
DISCHARGE OF CONTRACT (see TERMINATION OF CONTRACT) –

by part payment, 1419, 1420.

agent to receive payment may give, 1464.
DISSATISFACTION -

reasons for, on sale if satisfactory, 666. See SALE “IF SATISFACTORY."
DIVISIBLE AGREEMENT-

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.
DRUNKARDS-

sales and purchases by, 86–91.
DRUNKEN PERSONS

sales and purchases by, 86-91.
DUE CARE-

to be exercised in delivering to carrier, 1183.
DURATION -

of warranty, 1265.
“DURING" -

how construed, 1134, 1176.
EARNEST

payment of, to satisfy statute of frauds, 404–408. See STATUTE OF

FRAUDS.

effect on transfer of title, 514, 532.
EDUCATION-

as “necessaries " for infant, 132.
EFFECT OF CONTRACT –

in passing title, see TITLE, TRANSFER OF.
ELECTION OF REMEDIES —
by conditional vendor, 616 et seq.

vendee usually has none, 625.
by defrauded seller, 908 et seq.

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References are to sections: Vol. I, $$ 1° 797; Vol. II, SS 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, 1501-1506.

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.
EXAMINATION (see INSPECTION).
EXCESS -

of goods ordered, 746.
EXCESSIVE DELIVERY -

effect of, 1158.
EXCHANGE (see BARTER) -

how differs from sale, 13-15.
contracts for, within statute of frauds, 328.

of property, warranty of title implied on, 1306.
EXCUSES FOR NON-PERFORMANCE

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 -

sales by, 195.
EXECUTORY CONTRACTS -

statute of frauds extends to, 293.
EXECUTORY SALE -

what meant by, 5.
EXISTENCE -

of thing sold, see THING SOLD; POTENTIAL EXISTENCE
“EXPOSING FOR SALE"-

statutes forbidding, 1047.
EXPRESS WARRANTY (see WARRANTY) –

as excluding implied warranty, 1259–1261.
as excluding usage, 1262-1264

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References are to sections: Vol. I, 98 1-797; Vol. II, SS 798–1850.
EXTENSION OF TIME

by acceptance of bill or note not due, 1428.

agent to receive payment may not grant, 1458.
FACTOR-

appointment of, when constitutes a sale, 46–50.

right to stop goods in transit, 1530.
FACTORS ACTS-

appearance of title under, 168.

how construed, 169.
FAILURE OF CONSIDERATION -

of the nature of the objection in general, 828, 829.
I AS A DEFENSE TO THE BUYER.

in what cases applicable as defense to buyer, 830.
how in case goods not delivered at all, or in part only, or were not

such as buyer bound to accept, 831.
how when article received of no value; caveat emptor, 832, 833.
how on sale of invalid patent, 834.
how in sales of commercial instruments, 835.
how on sale of goods to which the seller had no title, 836.

how in case goods conditionally sold are retaken by seller, 837.
II. As GROUND OF ACTION BY THE BUYER.
buyer may have action to recover price paid without consideration,

838, 839.
FAILURE OF TITLE -

damages for, 1793 et seq.
FAMILY NECESSARIES -

liability of married woman for, 139.
FARMER (see GROWER; BREEDER; SEED) —

implied warranty by, of articles sold for food, 1357.
FERTILIZERS -

sale of uninspected, 1050.
damages for failure to furnish, 1774

for breach of warranty, 1824, n.
FILING-

of contracts of conditional sale, 603.
FITNESS FOR FOOD-
sale by dealer of provisions for consumption by buyer implies warranty

of fitness for food, 1356.
how when seller is not dealer, 1357.

other circumstances raising warranty, 1358.
no implied warranty of purity of water furnished by water companies,

1359, 1360.

References are to sections: Vol. I, SS 1-797; Vol. II, SS 798-1850.
FITNESS FOR INTENDED USE-
implied warranty of fitness where goods for particular use, 1343, 1344.

to what sellers the rule applies, 1345.
extent of the warranty; latent defects, 1346.
reasonable fitness, 1347.
article originally designed for different use; second-hand goods,

1348.
warranty not implied where burer selects the article or a special

and ascertained article is ordered, 1349.
nor where qualities are specified by the buyer, 1350.
specification by seller, 1351.
manufacturer warrants kind, materials and workmanship, 1352.

also that goods are new and of his own make, 1353.
warranty of fitness by breeder or grower, 1354, 1355.
FIXTURES -

goods sold conditionally become, when, 644 et seq.

sales of, within statute of frauds, 332 et seq.
F. O. B.-

meaning and effect of agreement to deliver, 733, note, 741, note

agreement to del how affects jus disponendi, 795-797.
FOOD (see FITNESS FOR FOOD; WARRANTY) –

implied warranty of fitness, on sale of, 1356.
to what sellers rule applies, 1357 et seq.
whether rule applies to water, 1359.
as “necessaries” for infant, 132.

for wife, 185.
FORCED SALE

defined, 8.
FORMAL CONTRACT-

when necessary, 235, 236.
“FORTH WITH”-

how construed, 1134
FRAUD-
I. OF FRAUD IN GENERAL

definition of fraud, 866.
must be false representation, 867.

whether concealment of truth equivalent, 868.

concealment of latent defects, 869.
must be present representation and not mere promise as to future, 870.
must be representation as to facts and not mere expression of opinion,

871.
must be representation of facts and not of law, 872, 873.

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