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

LAPSE OF OFFER –

by non-acceptance, 260.
LATENT DEFECTS

implied warranty against, by manufacturer, 1346.
LAW

representation as to, as fraud, 872, 873.
LEASES

construed as conditional sales, 569–576.
LETTER

offer and acceptance hy, see CONTRACT OF SALE
LETTERS

may constitute “note or memorandum” under statute of frauds, 428.
LEX LOCI (see CONFLICT OF LAWS).
LICENSE

of conditional vendor to enter upon vendee's land, 626.

to enter upon seller's land to obtain the goods, 1191.
LIEN OF SELLER -
1. Of the Lien in General.

seller has a lien to secure payment, 1474
what the lien secures, 1475.

what claims the lien precedes, 1476.
2. Waiver or Abandonment of the Lien.
waiver of the lien; expressly or by implication, 1477, 1478.

waiver by giving credit, 1479, 1480.

waiver by taking bill or note, 1481.
en abandoned by unconditional delivery, 1482-1484.
lien not lost by delivery which passes the title but does not change

possession, 1485, 1486.
80 lien not lost if possession retained, though seller's attitude has

changed, 1487.
lien not lost by special and qualified delivery, 1488, 1489.
lien not lost if possession secured by fraud, 1490.
how when goods already in possession of buyer, 1491.
how when buyer has changed character of property, 1492.
how when goods in possession of bailee, 1493, 1494.
how when goods on public wharf or the premises of a stranger, 1495.
how when goods are delivered to a carrier, 1496, 1497.

transfer by bill of lading, 1498.
effect of delivery of part of the goods, 1499.
effect of part payment, 1500.

References are to sections: Vol. I, SS 1-797; Vol. II, $$ 798-1850.
LIEN OF SELLER (continued) -
3. Estoppel in Favor of Sub-purchasers.
lien good against sub-purchaser unless seller estopped; estoppel by

conduct, 1501-1503.
form of delivery order or warrant as estoppel, 1501-1506.

warehouse receipts in the United States, 1507.
4. Revival of Lien on Insolvency of Purchaser.
revival of lien; insolvency of purchaser before actual delivery, 1508,

1509.
insolvency of buyer before expiration of credit, 1510, 1511.

insolvency of buyer before delivery order complied with, 1512-1514
same subject; taking note; giving receipted bill, etc., 1515-1517.
same subject; instalment delivery; subsequent appropriation, 1518

what constitutes insolvency, 1519, 1520.
5. Revival of Lien on Expiration of Credit.

lien revives on expiration of credit, 1521.
6. Effect of Tender of Price.

lien lost by tender of price, 1522.
7. Effect of Claiming Lien.

claim of lien does not rescind sale, 1523.
while operative, prevents action for goods sold and delivered, 1665.
retained, yet action allowed for price, 1670-1672.
goods sold under, and residue of price recovered, 1673, 1678, 1680.

goods kept under, and deficiency recovered, 1681, 1682.
LIQUORS

sale of, when invalid, 1026.
LOAD-

when title passes of " boat-load," etc., 750, n.

effect of putting into buyer's vehicle, 735.
LOCATION -

of thing sold, mistake as to, 277.
LOSS -

of goods in transit, who bears, 739.
LOST ARTICLES-

not sold, 273.
MAIL (see CONTRACT OF SALE) —

contracts by, 247 et seq.
MANUFACTURE-

countermanding order for, see COUNTERMAND; REPUDIATION,
MANUFACTURE, CONTRACTS FOR -

References are to sections: Vol. I, SS 1-797; Vol. II, SS 798-1850.
MANUFACTURE, CONTRACTS FOR (continued) –
when title passes on contract to make goods, 754 et seq.

not till goods completed, 754.
pot during progress of work, 755.

payment in advance does not alter rule, 755.
especially where goods not yet separated from others, 756.
where goods to be manufactured and shipped, 757.

goods must correspond with order, 158.
intention may alter, 759.

materials or alterations, 761, 762.
MANUFACTURER (see DEALER; WARRANTY) –

impliedly warrants merchantability, 1340.
impliedly warrants goods fit for use for which they were bought, 1343

et seq.

purpose must be known, 1344.
to what sellers rule applies, 1345.
extent of warranty; latent defects, 1346.
liable for secret defects growing out of process of manufacture, 1346.
warrants against avoidable defects, 1346.
reasonable fitness extent of warranty, 1347.

how when articles designed for different use, 1348.

how in case of second-hand goods, 1348.
warranty not implied where buyer selects article, 1349.

or when known and described article is furnished, 1349.
or specifies its qualities. 1349, 1350.

otherwise when seller specifies, 1351.
warrants kind, materials, workmanship, 1352.

that goods are new, 1353.

and of his own make, 1353.
implied warranty of food, 1356.
MARGINS –

on sale for future delivery, 203.
MARKET -
difference between contract price and value of goods in, measure of

damages, 1736 et seq.
when price paid in advance, 1741.
when no value in, at place of delivery, 1742.
when no value in, at all, 1743.
when no value in, or actual value, 1744.

when no difference between value in, and contract price, 1745.
MARKET PRICE

as test of value, 208.
not when market controlled by “trust,” 208.

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

misrepresentations as to, 937.
MARKING-

goods, as evidence of delivery, 1190.
MARRIED WOMAN (see HUSBAND AND WIFE; WIFE) —
capacity to contract, 133–137.

what contracts she may make, 137, 138.

liability for “family necessaries," 139.
power to pledge husband's credit, 182 et seq.

necessaries for, 185.
MASS -

contract for sale of a portion of, 695 et seq.
MATERIALS -

for chattel to be manufactured, when title passes, 761.
MEALS -

furnishing food at, as a sale, 54.
MEASURING -

as condition precedent, 515 et seq., 534
MEAT -

implied warranty on sale of, 1356 et seq.
MEDICAL ATTENDANCE -
as “necessaries" for infant, 132.

for wife, 185.
MEMORANDUM (see STATUTE OF FRAUDS) -

what sufficient, 422 et seq.

alteration of, 472 et seq.
MENTAL UNSOUNDNESS (see INSANE PERSONS; DRUNKARDS).
MERCHANTABILITY-

as a condition precedent, 1213.
implied warranty of, on executory sale, 1340.

extent of, 1340.
what satisfies, 1341.

how, when there is express warranty of quality, 1342
MINERALS -

sales of, within statute of frauds, 347.
MISREPRESENTATION, INNOCENT (see FRAUD) –

what here meant misrepresentation, 855.
how misrepresentation to be distinguished from fraud, 856, 857.
how representation to be distinguished from a term of the contract, 858.

illustrations, 859, 860.
importance of distinction, 861.

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

effect of innocent misrepresentation, 863.
innocent misrepresentation rendered fraudulent by knowingly retain.

ing its fruits, 864.
MISREPRESENTATION, FRAUDULENT (see FRAUD).
MISTAKE
1. Effect on Contract.

mistakes of parties in making the contract, 265.
mistake as to nature of transaction, 266.
mistake as to identity of party, 267–269.
mistake regarding the thing sold, 270.

existence of thing sold, 271.
identity of thing sold, 272.
unknown articles contained or concealed in thing sold, 273.
mistake as to quantity, 274.
mistake as to kind, quality or character, 275, 276.

mistake as to location, 277.
mistake as to terms of contract; price, 278.

mistake as to possibility of performance, 279.
2. Avoidance for.

kinds of mistake involved, 841.
mistake which would prevent formation will justify avoidance, 842.
mistake as to quality of thing sold, 813, 814.
1. Mistake of buyer as to quality, seller being ignorant of that

mistake, 845, 846.
2. Mistake of buyer as to quality, seller knowing of that mistake, 847.
3. Mistake of buyer as to quality promised, seller not knowing of

that mistake, 848.
4. Mistake of one party as to quality promised by the other known

to the latter, 849, 850.
further as to mistake of quality, 851, 852.

same rule in equity, 853.
effect of the mistake, 854
MONEY -
as “necessaries " for infant, 132.

for wife, 185.
must be genuine to be payment, 1422.

agent to receive payment may take money only, 1455.
MONOMANIA (see INSANE PERSONS) –

how affects sale, 67.
MONOPOLIES

sales promotive of, 1040.

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