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References are to sections: Vol. I, $$ 1-797; Vol. II, SS 798–1850.
REMEDIES OF THE SELLER AGAINST THE BUYER PERSONALLY

(continued)—
when payment of price is due;. on delivery, 1661, 1662.

at expiration of term of credit, 1663.

how when bill or note was to be given for the price, 1664.
actual delivery and acceptance necessary to sustain count for goods

sold and delivered, 1665.
actions for deceit, 1666.
2. Where the Goods have not been Delivered.

title passing though goods not delivered, 1667.
recovery of price where seller yet to do something to the goods, 1668.
recovery of price where seller holds as bailee for buyer, 1669.
recovery of price where seller claims his lien, 1670, 1671.
recovery of price where seller stops goods in transit, 1672.
recovery of residue of price after resale in pursuance of lien, 1673.
recovery of price where buyer fails or refuses to take the goods, 1674

1677.
other remedies in like cases, 1678, 1679.
vendor may resell and recover deficiency, 1680.

right to keep property as his own and recover deficiency, 1681, 1682.
II. WHERE THE TITLE HAS NOT PASSED.

in general, 1683.
1. Where the Goods have been Delivered.

recovery of goods and damages for breach of contract, 1684–1688.
2. Where the Goods have not been Delivered.
where title has not passed and goods not delivered, action for dam-

ages is remedy, 1689.
measure of damages usually difference between contract price and

market price at time and place of delivery, 1690.
time for delivery, 1691.
how market value shown; resale, 1692.

scope of evidence, 1693.
full contract price after tender allowed in some cases, 1694.

contracts for sale of stocks, 1695.
contracts for manufacture of chattel, 1696.
contracts for production of that which has no market value, 1697.

this not the general rule, 1698.
countermanding performance of executory contract, 1699.

countermanding order after part delivery, 1700.
countermanding order for goods when partly manufactured, 1701.
countermanding order before manufacture begun, 1702, 1703.
loss of profits, 1704.
form of repudiation, 1705.

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

REMEDIES OF THE SELLER AGAINST THE BUYER PERSONALLY

(continued) -
effect on seller's rights of repudiation by the buyer, 1706.

seller not obliged to treat it as a present breach, 1707.
contract kept alive for the benefit of both parties, 1708.
measure of damages if seller does treat it as present breach, 1709–

1712.
treating contract as rescinded and recovering quantum valebat, 1713.
REMEDIES OF THE BUYER AGAINST THE SELLER –
L. WHERE THE TITLE HAS NOT PASSED.

in general, 1716.
1. Where the Goods have not been Delivered.

seller's breach of contract to sell and convey, 1717.
specific performance not usually awarded, 1718.

where chattel is unique, 1719.
where chattel of peculiar importance, 1720-1723.
where legal remedy inadequate, 1724.
where chattel necessary to enjoyment of estate, 1725.
contracts for sale and delivery in instalments, 1726.
contracts for sale of corporate stocks and bonds, 1727, 1728.
contracts for sale of inventions, patents or patented articles, 1729.
contracts for sale of debts, notes, etc., 1730.
contracts for sale of growing trees, 1731.
specific performance not to be made substitute for damages, 1732.
will not be granted where contract ambiguous, uncertain or unfair,

1733.
action at law for damages the usual remedy, 1734, 1735.
measure of damages usually difference between contract price and

value of goods at time and place of delivery, 1736-1740.
how, when price paid in advance, 1741.
how, when no market at place of delivery, 1742.
how, when goods have no market value, 1743.
how, when goods have neither market nor actual value, 1744.
how, when no difference between contract price and market value,

1745.
how, when goods to be delivered in instalments, 1746.
how, when goods to be delivered "on or before" a certain day, 1747.
how, when no time fixed for delivery, 1748.
how, when delivery postponed at seller's request, 1749.
how, when seller repudiates before time for performance, 1750-1753.

how, when seller refuses to give credit as agreed, 1754, 1755.
measure of damages where special circumstances were in contempla-

tion, 1756.
general rule of damages for breach of contract; Hadley v. Baxendale,

1757-1759.

References are to sections: Vol. I, $$ 1-797; Vol. II, $$ 798–1850.
REMEDIES OF THE BUYER AGAINST THE SELLER (continued) -

how the rule applies to sales, 1760.
loss of profits on resale contracted for, 1761.

resale not contemplated, 1762.
resale known to vendor, 1763-1765.
extent of knowledge required; particular price, 1766, 1767.
cost of procuring substitute, 1768.
costs of defending action brought by sub-vendee, 1769.

summary of English cases, 1770.
measure of damages where goods intended for particular use, 1771-1776.
no damages for speculative or remote losses, 1777–1779.

pleading special damages, 1780.
2. Where the Goods have been Delivered.

substantially same remedies as in preceding cases, 1781.
II. WHERE THE TITLE HAS PASSED.

in general, 1782.
1. Where the Goods are not Delivered.

specific performance of agreement to deliver, 1783.
action for damages for breach of agreement to deliver, 1784

measure of damages, 1785.
trover; measure of damages, 1786.

how when goods of fluctuating value; stocks, bonds, etc., 1787, 1788
2. Where the Goods have been Delivered.

what questions arise, 1789.
a. Where there was Delay in Delivery.

measure of damages for delay, 1790-1792.
b. Where Title Fails in Whole or in Part.

recovery of consideration, 1793.
damages for breach of warranty of title, 1794.

when right of action accrues, 1795.
what constitutes eviction, 1796.
warranty broken by incumbrances, 1797.

evidence of eviction; judgment; costs of suit, 1798.
c. Where Goods Defective in Kind, Quality or Condition.

in general, 1799.
caveat emptor, 1800.
express stipulation for return or other remedy, 1801.
rejection of goods, 1802, 1803.
rescission for fraud, 1804.
rescission for breach of warranty, 1805.

in pursuance of agreement, 1806.
waiver of special remedy; suit for breach of warranty, 1807.
option where law gives right to rescind, 1808.

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

REMEDIES OF THE BUYER AGAINST THE SELLER (continued) -

action for breach of warranty, 1809.
what form of action; contract or tort? 1810.
notice of defect; offer to return, 1811.

conditional warranty, 1812, 1813,
vendee not bound to anticipate or search for defects, 1814.
who liable for breach of warranty; principal; agent, 1815.

purchaser of draft with bill of lading attached, 1816.
measure of damages for breach of warranty; in general, 1817, 1818.

time, 1819.

place, 1820.
measure of damages for breach of warranty when goods bought for

special purpose, 1821.
damages for losses incidental to use or purpose contemplated, 1822–

1825.
expenses incurred, 1826.
gains prevented, 1827, 1828.
purely speculative profits, 1829–1831.

losses not contemplated, 1832.
measure of damages where goods bought to be resold, 1833.

damages paid sub-vendee for breach of same warranty, 1834.
buyer may recover for breach of warranty though he has not paid the

price, 1835.
or though he has paid the price, 1836.'
or though he may have resold the goods, 1837.

or though he may have made a profit on them, 1838.
remedies for deceit or fraud, 1839.

elements of fraud, 1840.
reliance on representations, 1841.
representations must have been proximate cause of injury, 1842.

measure of damages, 1843.
buyer may recoup damages in action by seller for the price, 1844.
defense of failure of consideration, 1845-1847.

recovery as for failure of consideration, 1848–1850.
RENUNCIATION (see REPUDIATION)

by one party excuses other, 1087.
rights of one when other renounces, 1088.
retraction of, 1090.
of order for goods, 1699.
damages where seller repudiates contract in advance, 1750.

REPAIRS

to chattel, when title to, passes, 762.

References are to sections: Vol. I, $$ 1-797; Vol. II, SS 798-1850.
REPUDIATION -
by buyer before performance, 1699.

after part delivery, 1700.
after goods partly manufactured, 1701.
before manufacture begun, 1702 et seq.

loss of profits on, 1704.

form of, 1705.
effect on seller's rights, 1706.

need not treat as present breach, 1707.
measure of damages if so treated, 1709-1712.

treating as rescission and recovering quantum valebat, 1713.
by seller, damages for, 1750.
REPURCHASE

sale with option to, 688 et seq.
RESALE

contracts for, within statute of frauds, 328.
of goods bought for that purpose, 601.
damages for loss of, 1761-1766.

cost of procuring substitute, 1769.

costs of defending action brought by sub-vende 1769.
damages for breach of warranty of goods resold, 1833.

damages paid sub-vendee, 1834.
RESELL, SELLER'S RIGHT TO —
1. When Title has passed.

in general, 1622, 1623.
to what kinds of property right of resale attaches, 1624.
when right may be exercised, 1625.

duty to hold goods until price due, 1626, 1627.

buyer's right to redeem the goods, 1628.
seller as agent of buyer, 1629, 1630.
buyer as agent of seller, 1631.
notice of resale, 1632.

1. Notice of seller's purpose to resell, 1633-1636.

2. Notice of time and place of resale, 1637.
place of resale, 1638, 1639.
the manner of resale, 1640, 1641.
time of resale, 1642.
effect of resale in determining value, 1643.

title of the purchaser at the resale, 1644.
2. Right of Resale on Executory Contract.

general considerations, 1645, 1646.
choice of remedies, 1647, 1648.
nature of right of resale, 1649.
how resale should be made, 1650.

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