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References are to sections: VOL 1, $$ 1-797; VOL II, SS 798-1850.
MONTH -

how construed, 1135.
“MORE OR LESS" —

how construed as affecting quantity, 1166.
MORTGAGE -

how differs from sale, 36.
MUTUAL ASSENT (see CONTRACT OF SALE).
NECESSARIES –
insane person's contract for, binding, 84.

what constitutes, 84.
infant's contract for, binding, 122-129.

what constitutes, 130–132.
married woman's authority to buy, 182–184.

what constitutes, 185.
child's power to buy on father's credit, 186.
NEGOTIABLE INSTRUMENTS (see ACCEPTANCE) –

bill or note of debtor in payment, 1423, 1424.
blll or note of third person in payment, 1425.
note of seller cannot be produced in payment, 1437.
check in payment, 1433.

when forged or dishonored, 1436

burden of proof, 1435.
draft in payment, 1443.

when forged or dishonored, 1436.
agent to receive payment may not take, 1455.
authority to receive note or check does not imply authority to indorse

and collect, 1461.
agent to collect note or other demand may not sell, 1462.

specific performance of contracts for sale, 1730.
NEW -

implied warranty that goods are, 1353.
NEW PARTIES –

introduction of, into contract, 808
“NEXT YEAR"-

agreement to deliver, 1134.
NON COMPOS MENTIS (see INSANE PERSONS).
NOTE:

of infant, for necessaries, how far binding, 123, 124
giving of, as condition precedent, 546.
for price, on illegal sale, 1004.

sales of, within statute of frauds, 331.

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

-

NOTE OR MEMORANDUM -

to satisfy statute of frauds, 422 et seq. See STATUTE OF FRAUDS.
NOTICE -

of readiness to deliver, 1123.
of readiness to receive, 1123.
of place of delivery, 1126, 1127.
of time when goods will be tendered or demanded, 1130.
of shipment, necessity for, to pass title, 740.
to stop in transitu, given to whom, 1608, 1609.
failure to give, of rejection, 1383, 1384

waiver of, of rejection, 1385.
OBJECTIONS -

statement of one as waiver of others, 1077.
OBVIOUS DEFECTS -
warranty does not usually apply to, 1272.

especially if artifice used to conceal, 1272.

but express warranty may be given, 1273.
OFFER (see CONTRACT OF SALE) —

acceptance of, 226 et seq.

withdrawal of, 252 et seq.
OFFER AND ACCEPTANCE (see CONTRACT OF SALE).
“OFFERING FOR SALE”.

statutes forbidding, 1047.
OFFICERS (see PUBLIC OFFICERS)
OFFICES

sales of, invalid, 1042.
OFFICIAL SALES -

no implied warranty on, 1307.
OLEOMARGARINE -

whether supplying at meals is a sale, 54
OPINION

mere expression of, not a warranty, 1241, 1242.
OPTION

as to place of delivery, 1127.
as to quantity of goods, 1131.

as to quantity, how exercised, 1170.
OPTIONS

as to future deliveries, validity, 1038.
OPTIONS TO BUY -

whether constitute binding contract, 263 et seq.

References are to sections: Vol. I, $$ 1-797; VOL. II, SS 798-1850.
ORAL WARRANTIES (see WARRANTY) —
when effective, 1253.

not when written also, 1254 et seq.
ORDER-

goods sent by carrier in pursuance of, must conform to, 746.

for goods, not such a written contract as excludes parol warranty, 1255.
OSTENSIBLE TITLE (see DEFEASIBLE TITLE; APPEARANCE OF TITLE) —
sale by person having merely, 154.

true owner not divested without his consent, 155.
possession coupled with indicia of ownership, 157 et seq.
former owner left in possession, 167.
under Factors Acts, 168, 169.

by conduct, 170.
OWNERSHIP

acts of, indicating acceptance, 1387.
PARENT AND CHILD-

authority to sell, of either, 178, 189.
PAROL EVIDENCE-

to show warranty, see WARRANTY.

to show sale by sample, see SAMPLE
PART OF GOODS -

under statute of frauds, 398 et seq.
PART PAYMENT-
, under statute of frauds, 409-419. See STATUTE OF FRAUDS.

effect on transfer of title, 514, 532.
PART PERFORMANCE –

acceptance of, as waiver, 1075.
effect of acceptance or rejection in part, 1398.

recovery for, 1163-1165.
PARTICIPATION

in illegal purpose, effect on sale, 1011 et seq.

degree required, 1017 et seq.
PARTIES (see CAPACITY OF PARTIES; COMPETENCY) -

who may be, 57–196.
infants, 94 et seq.
insane persons, 63 et seq.
drunken persons, 86 et seq.
spendthrifts, 92.
married women, 133 et seq.
corporations, 140 et seq.
partnerships, 143 et seq.

References are to sections: Vol. I, S8 1-797; Vol. II, $$ 798–1850.
PARTIES (continued) -

persons having only an ostensible title, 154-170.
agents, 171 et seq.

official persons, 190 et seq.
PARTNERSHIP-

as seller or buyer, 143, 144.
PATENTS OR PATENTED ARTICLES –

specific performance of contract for sale of, 1729.
sale of, within statute of frauds, see STATUTE OF FRAUDS.

failure of consideration, when void, see FAILURE OF CONSIDERATION.
PAYMENT-
L IN GENERAL

of price, not essential to transfer of title, 493.
as implied condition precedent, 538 et seq.
as express condition precedent, 558 et seq. See CONDITIONAL SALES.
and delivery, to be concurrent, 542, 1119.
check or draft not, if dishonored, 5-15.

effect of part, on seller's lien, 1500.
IL WHEN PAYMENT IS DUE.

considerations controlling, 1405, 1406.
when no term of credit, payment and delivery presumptively contem-

poraneous, 1407.

same rule applies to executory contracts, 1408.
where seller is to do something before paymeni, 1409.
where term of credit is agreed upon, 1410.
where credit procured by fraud, 1411.
delivery of the goods not necessary, 1412–1414.
by contract payment may be due before title passes, 1415.

demand for payment pot necessary, 1416.
IIL PLACE OF PAYMENT.

when no place of payment specified, debtor must seek creditor, 1417.
IV. THE AMOUNT TO BE PAID.

amount is price agreed upon, 1418.
payment of part does not discharge the whole, 1419.

exceptions, 1420.
V. THE MEDIUM OF PAYMENT.

unless otherwise agreed, payment to be in lawful money, 1421.
money must be genuine, 1422.
payment by bill or note; buyer's note presumptively not payment, 1423.

contrary rule in few States, 1424.
note of third person, 1425.
presumptions not conclusive, 1426.

References are to sections: Vol. I, SS 1-797; Vol. II, SS 798-1850.
PAYMENT (continued) -
action upon note or original consideration, 1427.

extension of time, 1428.
acceptance of forged or invalid note, 1429.

note of insolvent, 1430.
acceptance of note induced by fraud, 1431.
conflict of laws, 1432.
check or draft as payment, 1433.

certification does not affect, 1434.
burden of proof, 1435.

dishonored or forged check, 1436.
payment in seller's own note or debt, 1407.

set-off, 1438
payment in goods, 1439–1441.

if goods not delivered, payment due in cash, 1442.
VI TO WHOM PAYMENT TO BE MADE

to the seller or his agent, 1443.
1. Implied Authority to Receive Payment.

general considerations, 1444.
authority to receive payment not implied from possession of bill, 1445.
agent having possession or other indicia of ownership may receive

payment, 1446.
agent to sell merely or to solicit orders, without possession of goods,

not authorized to receive payment, 1447.
when traveling salesmen inay receive payment, 1448.

when payment to agent part of terms, 1449.

notice of want of authority, 1450.
how, when agency unknown, 1451, 1452.
when authority to receive payment implied from possession of secu-

rities, 1453.
whether authority to receive payment implied from relation of par-

ties; husband and wife; parent and child, 1454
2. Construction of the Authority.

can receive nothing but money, 1455.
no authority to release or compromise the debt, 1456.
may receive part payment, 1457.
but may not extend time, 1458.
not authorized to receive before due, 1459.
no authority to take checks, 1460.
if authorized to take check, or note, has no authority to indorse and

collect it, 1461.
authority to collect does not authorize sale, 1462.
no authority to deal with funds collected, 1463.

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