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References are to sections: Vol. I, SS 1-797; Vol. II, SS 798-1850.
ILLEGALITY, AVOIDANCE FOR (continued) –
law will not compel rescission, 998.

withdrawal from incomplete contract, 999.

rescission where parties not in pari delicto, 1000-1002.
agreements partly illegal; divisible agreements, 1003, 1004

forms of the law creating illegality, 1005.
I. ILLEGALITY AT COMMON LAW.

what the common law prohibits, 1006.
contract for sale of indecent or immoral thing invalid, 1007.

knowledge presumed, 1008.
contract of sale for immoral or illegal purpose, 1009.

seller innocent, 1010.
seller cognizant or participating, 1011-1014.
malum prohibitum or malum in se, 1015, 1016.

degree of participation required. 1017-1019.
sales in furtherance of social vices, 1020-1022.
sales in furtherance of gambling, 1023.
sales in aid of the public enemy, 1024, 1025.
sales in violation of liquor laws, 1026.

conflict of laws, 1027-1029.
sales promotive of wagering speculation, 1030-1032.

legitimate speculation, 1033-1035.
form of contract immaterial, 1036.
mere agreement to repurchase unobjectionable, 1037.
or that vendee has option as to quantity, 1038.

effect upon rights of brokers and other agents, 1039.
sales in furtherance of unlawful combinations, 1010.
sales designed to impose upon the public, 1041.
sales of public office, 1042.

lex loci, 1043.
II. INVALIDITY BY STATUTE
what enactments render sale void, 1044, 1045.

further of construction, 1046, 1017.
repeal of statute, 1048.

illustrations of effect, 1049-1051.
Sunday sales; statutes forbidding, 1052.

their effect, 1053-1056.
ratification of Sunday sales, 1057.
consideration required, 1058.

conflict of laws, 1059.
"IMMEDIATELY”-

how construed, 1134.
IMMORAL THING (see ILLEGALITY) —

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

IMPLIED ACCEPTANCE -

what constitutes, 1380.
IMPLIED AUTHORITY (see AGENTS; HUSBAND; WIFE; CHILD).
IMPLIED WAIVER-

of irregular delivery, 1368.
IMPLIED WARRANTY (see WARRANTY) –

when excluded by express, 1259-1261.

effect of acceptance upon, 1392, 1393.
IMPOSITION -

combined with weakness of mind, 65.
IMPOSSIBILITY -

what three forms, 1098.
legal impossibility excuses, 1099.
physical impossibility excuses, 1100-1102.

mere inability of particular party does not excuse, 1103.
INABILITY -

of one party as excuse for non-performance by the other, 1096.
INADEQUACY OF PRICE –

combining with mental unsoundness, 66.
INCOMPLETE WRITING –

does not exclude oral warranty, 1255.
INCREASE

future, of animals, sale of, 200.

of property conditionally sold, 636.
INCREMENT-

of property sold conditionally, 636.
INCUMBRANCES

warranty of title extends to, 1304.
INDECENT THINGS (see ILLEGALITY) –

contract for sale invalid, 1007.
INDICIA OF OWNERSHIP (see OSTENSIBLE TITLE) —

what constitutes, 157 et seq.
INFANT
infant's contracts voidable, not void, 95.

what meant by voidable, 96.
who may avoid, 97.
when avoided, 98.
when ratified, 99.
how much to be ratified, 100.
effect of ratification, 101.
knowledge of non-liability, 102.

References are to sections: Vol. I, SS 1-797; Vol. II, SS 798-1850.
INFANT (continued)-

consideration for ratification, 103.

ratification, how effected, 104, 105.
sale or exchange by infant voidable, 106.

when avoided, 107.
how avoided, 108.
return of consideration, 109.

bona fide purchasers, 110.
chattel mortgage voidable, 111.

when avoided, 112.
returning consideration, 113.

how avoided, 114.
purchases voidable, if not necessaries, 115.

when avoided, 116.
how avoided, 117.
return of consideration, 118.
ineffectual defenses; recoupment; injury to goods, 119.
effect of disaffirmance; revests seller's title, 120.

ratification of purchases, 121.
liability of infant for necessaries, 122.

for what amount bound, 123, 124.
interest, 125.
goods must have been furnished on infant's account, 126.
infant not liable if already supplied, 127.
seller supplies goods at his peril, 128.

infant living with parents, etc., presumed to be supplied, 129.
what constitute necessaries, 130.

how determined; burden of proof, 131.

illustrations, 132.
INJURY -

to goods in transit, whose loss, 739.
INNKEEPER -

whether furnishing food by, is a sale, 5+
INSANE PERSONS-

as parties to sales, 62-85.
degree of insanity, 64.
partial insanity, 67, 68.
whether contracts void or voidable, 72–79.
innocent parties protected, 74, 75.
return of consideration on avoiding, 77.
who may disaffirm for, 80-82.
contracts for necessaries, 84, 85.

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References are to sections: Vol. I, SS 1-797; Vol. II, SS 798-1850.
INSANITY (see INSANE PERSONS).
INSECURE

rights of vendor deeming himself insecure, 623.
INSOLVENCY -

concealment of, as fraud on seller, 906.
of buyer, excuses seller from delivery, 1093.
of buyer before delivery, revives seller's lien, 1508, 1509.
of buyer before expiration of credit, revives seller's lien, 1510, 1511.
of buyer before delivery order complied with, revives seller's lien, 1512-

1514.
when seller has taken note, given receipted bill, etc., effect on lien,

1515-1517.
seller's lien revives on instalment contracts, 1518.
what constitutes, 1519, 1520.
stoppage in transitu exercised only in case of, 1539.
evidence of, 1540, 1541.

when knowledge of, affects right of stoppage in transitu, 1542-1544.
INSPECTION –

right of, before acceptance, 1375, 1376.
time, place and method of, 1377.
right to consume or use goods in making, 1378.

right to, to determine conformity of goods to description, 1211.
INSPECTION OF GOODS -

statutes requiring, 1050.
INSTALMENT CONTRACTS (see CONDITIONAL SALES) –

default in delivery of one instalment as ground for total repudiation,

1140 et seq.
INSTALMENT DELIVERIES (see DELIVERY) –

breach of one as ground for repudiation of whole contract, 1140.
English rule, 1141-1143.

United States rule, 1144-1150.
INSTRUCTIONS -

as to shipment, must be observed, 746.
INSURE-

shipper's duty to, 749.
INTENTION-

determines when title passes, 499.
rules for determining, 500.

to warrant, necessity for, 1237.
INTENTION NOT TO PAY (see FRAUD) —

buying goods with such intention, a fraud, 901 et seq.
when intention must exist, 902.
coupled with insolvency, 903.

97

References are to sections: Vol. I, 98 1-797; Vol. II, SS 798-1850.
INTENTION NOT TO PAY (continued) –

cause for rescission distinct from false representations, 904.
how intention determined, 905.

mere insolvency or concealment not enough, 906.
INTERCEPTION-

of goods in transitu, 1571 et seq. See STOPPAGE IN TRANSITU.
INTEREST -

liability of infant for, 125.

as damages, see DAMAGES.
INTOXICATING LIQUORS —

sales of, when invalid, 1026.
INTOXICATION-

as affecting sale, 90.
INVENTIONS -

sales of, within statute of frauds, 331.

specific performance of contract for sale of, 1729.
IRREVOCABLE -

offer is not, simply because so called, 254
JEWELRY, ORNAMENTS, ETC.-

as “necessaries” for infant, 132.
JOINT PURCHASERS -

delivery to one, 1174.
JUDGMENT-

as evidence of eviction, 1798.
JUDGMENT OR OPINION -

expression of, not a warranty, 1241.
JUDICIAL SALE

defined, 9.
JUS DISPONENDI —
reservation of, by shipper, 770 et seq.

consigning goods to shipper's order, 774.

purpose and effect, 777.
bill of lading attached to draft, 779.

sight draft, 779, n.
time draft, 779, n.
buyer gets no title till payment, 780.

sending buyer invoice or copy does not alter, 782
transfer of bill of lading during transit, 790-792.
C. 0. D., effect as reserving, 793.

F. O. B., agreement to deliver, how affects, 795-797.
LAND -

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