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References are to sections: Vol. I, $$ 1-797; Vol. II, SS 798–1850.
PAYMENT (continued) –
VII. BY WHOM PAYMENT TO BE MADE.

by purchaser or his agent, 1465.

by stranger, 1466, 1467.
PENALTY

imposition of, as invalidating sale, 1045.
PERFORMANCE – IN GENERAL-

in general, 1060.
I. WHEN PERFORMANCE IS DUE.

how this question determined, 1061.
when contract silent, circumstances must determine, 1062, 1063.
distinguishing between condition precedent and mere agreement, 1064,

1065.
by whom determined, 1066.

rules for determining, 1067, 1068.
II. WHAT WILL EXCUSE PERFORMANCE.

in general, 1069.
1. Waiver of Performance.

party entitled may waive performance, 1070.
elements of a waiver, 1071.

mere silence not a waiver, 1072.
mere leniency no waiver, 1073.

friendly attempts at adjustment no waiver, 1074.
acceptance of part performance as waiver, 1075, 1076.
statement of some objections as a waiver of others, 1077.
voluntary and unconditional acceptance of deficient performance a

waiver, 1078, 1079.

where performance due is in instalments, 1080.
2. That the Other Party is in Default.
default of one party as excuse for non-performance by the other, 1091.

buyers failing to come or send for the goods, 1082.
part performance only of entire contract, 1083.

contemporaneous acts; default in payment, 1084-1086.
3. Renunciation of Contract.
renunciation of contract by one party will excuse performance by the

other, 1087.
rights of one party when the other renounces, 1088, 1089.

retraction of renunciation, 1090.
stopping performance of executory contract, 1091, 1092.
4. That the Buyer has Become Insolvent.
when buyer on credit becomes insolvent, seller may decline to per-

form, 1093-1095.

References are to sections: Vol. I, SS 1-797; Vol. I, $$ 798-1850.
PERFORMANCE-IN GENERAL (continued) -
5. That the Other Party is Unable to Perform.

buyer may repudiate where seller unable to convey title, 1096.
6. That the Other Party has Disabled Himself to Perform.

effect of disabling one's self to perform, 1097.
7. Impossibility of Performance.

in general, 1098.
legal impossibility excuses, 1099.
physical impossibility excuses, 1100-1102.
mere inability of party does not excuse, 1103, 1104.

unexpected expense does not excuse, 1105.
8. Prevention of Performance.
prevention by one party equivalent to performance by the other, 1106

after part performance, 1107.
PERFORMANCE BY BUYER—

to accept the goods, see ACCEPTANCE

to pay the price, see PAYMENT.
PERFORMANCE BY SELLER –

to convey title, see TRANSFER OF TITLE
to deliver possession, see DELIVERY.
to comply with conditions, see CONDITION3.

to perform warranties, see WARRANTY.
PLACE (see DELIVERY) —
of delivery, where goods are at time of sale, 1124.

at seller's farm, shop, residence, 1124.
where time fixed but not place, 1125.
where place fixed but not time, 1126.
where place at option of either party, 1127.
agreement as to place must be complied with, 1128, 1217.

alterations in, by consent, 1151.
of payment, 1417.
PLEADING-

special damages, to be recovered, must be pleaded, 1780.
PLEDGE

how distinguished from sale, 37–40.
PORTION -

of larger mass, sale of, 695 et seq.
POSSESSION-
not alone sufficient evidence of title, 156.

coupled with indicia of ownership, 157 et seq.
former owner left in, sale by, 167.

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

what constitutes, 200.
PREPARATION -

for delivery, condition precedent to transfer of title, 507 et seq.
PREPAYMENT -

as condition precedent, 538 et seq., 558 et seq. See Case SALE; Condi.

TIONAL SALE
PREVENTION -

of performance, effect of, 1106.
PREVIOUS ADVANCES -

consignment on account of, 751 et seq.
PRICE (see PAYMENT) –

necessity for, 204
in money, 1.
must be fixed, 205, 206.

when not, reasonable value, 207.

market price, 208.
how fixed, 209 et seq.

by subsequent events, 211

by valuers, 212.
mistake as to, 278.
title may pass before price paid, 493.

or before price ascertained, 496.
ascertainment of, as condition precedent, 515 et seq., 527, note.
payment of, as implied condition precedent, 538 et seq.

as express condition precedent, 558 et seq.
on delivery, 1661, 1662.
at expiration of term of credit, 1663.

where goods have been delivered, 1654-1666.
tender of, destroys seller's lien, 1522.
PRICE LIST –

not an offer of goods, 224.
PRIVATE SALE-

defined, 10.
PROFITS

damages for loss of, in general, 1704, 1709–1712.
damages for loss of, when resale contracted for, 1761.

when resale not contemplated, 1762.
when resale known to vendor, 1763-1765.

extent of knowledge required, 1766, 1767.
may not be recovered in damages if speculative or conjectural, 1777–

1779.

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

how construed, 1134.
PROPERTY IN GOODS

transfer of, see TITLE, TRANSFER OF.
PROSTITUTE

sales to, 1020 et seq.
PROVISIONS (see FOOD; WARRANTY) —

implied warranty on sale of, 1356 et seq.
PUBLIC

sales tending to impose upon, 1041.
PUBLIC ENEMY-

sales in aid of, 1024.

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PUBLIC OFFICE -

contracts for sale of, invalid, 1042.
PUBLIC OFFICER —

sales and purchases by, 109 et seq.
limits upon powers, 192.

cannot deal with himself, 193.
PUBLIC SALE -

defined, 10.
“PUT” –

meaning, 1034, n.
QUALITY

implied warranty as to, see WARRANTY.
misrepresentations as to, 932.

warranty of, how affected by acceptance of goods, 1391.
QUANTITY

ascertainment of, as condition precedent, 515-527.
misrepresentations as to, 938.
indefinite, how much to be delivered, 1166.
option as to, 1170.
stipulated, must be delivered, 1216.

waiver of, by acceptance, 1390.
QUANTUM VALEBAT -

recovery on, when buyer repudiates, 1613.
RATIFICATION –

of infant's purchases, 121.

References are to sections: Vol. I, SS 1-797; Vol. II, 88 798–1850.
REASONABLE TIME -

for delivery, 1129.
how determined, 1132.
retention of goods beyond, as acceptance, 1380.

what is, 1381.
on “sale or return,” see SALE ON RETURN.

on sale on approval, see SALE ON APPROVAL
RECAPTION -

of goods by conditional vendor, 618.
RECEIPT -
of goods, to satisfy statute of frauds, 375.

where delivery postponed, 1367.
RECEIPT FOR MONEY -

in writing, does not exclude oral warranty, 1255

agent may give, 1464.
RECORDING -

of contracts of conditional sale, 603.
RECOUPMENT -

of damages by the buyer, 1844.
REFUSAL TO WARRANT

effect of, 1242.
REJECTION

of excessive delivery, 1158.
of deficient delivery, 1161.
in part, effect of, upon warranty, 1398–1401.

method and effect, 1402, 1403.
REMEDIES OF SELLER AGAINST GOODS -

right to lien, see LIEN OF SELLER.
right to stop goods in transit, see STOPPAGE IN TRANSITU.

right to resell, see RESELL
REMEDIES OF THE SELLER AGAINST THE BUYER PERSONALLY-
L. WHERE THE TITLE HAS PASSED.

in general, 1653.
1. Where the Goods have been Delivered.

recovery of price the chief object, 1654.
seller cannot rescind for mere non-payment of price, 1055.

may rescind for fraud, 1656.

may reserve lien by contract, 1657.
seller may recover price as for goods sold and delivered, 1658.

when credit given, 1659.
when no credit given, 1660.

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