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References are to sections: Vol. I, $$ 1-797; Vol. II, SS 798-1850.
RESCISSION (see AVOIDANCE OF CONTRACT)
in pursuance of mutual consent, 803 et seq.

formalities required, 809.

both parties must concur, 810, 811.
in pursuance of original agreement, 812 et seq.

time, cause and manner, 813-815.
for breach of warranty not usually allowed, 816.

permitted in some States, 816-819, 1805.
contract may provide for, 821, 1806.

especially on sales of instruments, 822.

form, time and manner, 823-825.
for fraudulent warranty, 820. See FRAUD.
for mere non-payment of price, 826, 165).
for failure of consideration, see FAILURE OF CONSIDERATION.
for mistake, see MISTAKE.
for innocent misrepresentation, see INNOCENT MISREPRESENTATION;

FRAUD.
for fraud, see FRAUD.
for illegality, see ILLEGALITY.
of term of credit only, 912, 1411.
of mode of payment only, 913.
restoration of consideration on, 914-921.
who may rescind, 922.
against whom, 923-927.
of contract, not effected by claim of seller's lien, 1523.
of contract, not effected by exercise of right of stoppage in transit,

1612.
of contract, when ordered countermanded, 1700.
where title not passed and goods not delivered, 1689.
enables seller to recover quantum valebat, 1713.
of contract of conditional sale, 617.

return of consideration on, see RESTORATION.
RESERVATION OF JUS DISPONENDI (see JUS DISPONENDI; BILL OF

LADING; LIEN).
RESTAURATEUR -

whether furnishing meals by, is a sale, 54.
RESTORATION OF CONSIDERATION -
on avoiding contract, by insane person, 77.

by infants, 109, 113, 118.
on rescission by seller, 914.

note of vendee or a stranger, 915.
thing of no value, 916.

RESTORATION OF CONSIDERATION (continued) —
impossible or inequitable, 918.

in actions of trover, 919.

waiver of, 920.

keeping tender of, open, 921.

RETAKE-

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

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RETURN-

contracts of "sale or return,” 675 et seq.
RETURN OF CONSIDERATION

on rescission, see RESTORATION OF CONSIDERATION.

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REVOCATION —

of offer, see CONTRACT OF SALE
RISK-

where seller is to deliver goods, 733.
of goods in hands of carrier, 739.
SALE-

defined, 1.

essential ideas involved, 1.
forms of bargaining concerning, 2

effect of intention, 3.
essential elements, 4.

executory and executed sales, 5.

bargain and sale, 6.

absolute and conditional sales, 7.

References are to sections: Vol. I, $S 1-797; Vol. II, 98 798–1850.
SALE (continued) —

judicial sales, 9.
public and private sales, 10.
to be distinguished from gift, 12.

from barter or exchange, 13-15.
from bailment, 19–32.
from contract of sale if approved, 33.
from contract of sale or return, 34.
from mortgage, 36.
from pledge, 37-40.
from agency to buy, 41, 42.
from agency to sell, 43–51.
from contract for work and labor, 52.

from compromise respecting liens, 53.
when title passes, see TITLE, TRANSFER OF.
SALE FOR CASH-

meaning and effect of, 541 et seq.
SALE “IF SATISFACTORY”.

contracts of, 663 et seq.
SALE OF GOODS TO BE APPRAISED

contracts of, 674.
SALE ON APPROVAL-

when title passes, 657 et seq.
SALE OR RETURN

contracts of, 675 et seq.
SALE “TO ARRIVE"-

when title passes on, 652.
SALE “TO BE SHIPPED"

when title passes, 656.
SALE “WITH OPTION TO RETAKE".

when title passes, 686.
SAMPLE (see WARRANTY) –

sale by, what constitutes, 1321.
warranty on, 1320.

extent of warranty, 1328.
coexistence of other warranties, 1331.
effect of usage, 1326.
effect of inspection, 1322.

parol evidence to show, 1327.
conformity of goods to, a condition, 1212.
sale by, buyer's assent to appropriation of goods to, 731.
when title passes on sale of goods by sample, to be shipped, 757.

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References are to sections: Vol. I, SS 1-797; Vol. II, $$ 798-1850.
SANE INTERVAL (see INSANE PERSONS) –

sale during, 67, 68.
SATISFACTION OF JUDGMENT-

in trover as a sale, 56.
“SATISFACTORY"-

sale of goods “if satisfactory,” 663 et seq.
SEA -

delivery of goods at sea, 1201.
SEAL-

offer under, withdrawal of, 259.
SECOND-HAND GOODS-

no implied warranty on sale of, 1349.
SECRET DEFECTS -

liability of manufacturer for, 1346.

dealer, not a manufacturer, not liable, 1346.
SECRET LIEN –

sale by one holding subject to, 147.
SECURITY

giving of, as condition precedent, 546.
SEEDS

implied warranty of, 1334, 1354, notes.
SELECTION -

where seller tenders too much, 1158.
SELLER'S LIEN (see LIEN).
“SELLER'S PRAISE"-

not warranty, 1245.
SEPARATION (see Mass; PORTION; DESIGNATION) -

when necessary to identify goods, 697, 713. See APPROPRIATION.
SET-OFF-

payment by, 1438.
SETTING ASIDE -

of goods, as constituting delivery, 1190.
SEVERABLE CONTRACT (see PART PERFORMANCE) —

failure as to part, 1165.

recovery for part performance, 1163, 1164,
SHIPMENT -

of goods, as transfer of title, 736 et seq. See CARRIER
SIGNING -

of note or memorandum to satisfy statute of frauds, 449 et seq.

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1270 et seq.

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

furnishing liquor at, as a sale, 55.
SOCIAL VICES (see ILLEGALITY) —

sales in aid of, illegal, 1020.
SOLVENCY -

misrepresentations as to, by buyer, 892 et seq.
SOUND PRICE-

no warranty implied from, 1319.
SOUNDNESS (see WARRANTY) –

interpretation
SPECIFIC CHATTEL-
title to, when passes, 483 et seq.

see TITLE, TRANSFER OF.
SPECULATION -

sales promotive of, 1030.
SPECULATIVE LOSSES –

no damages for, 1777 et seq., 1829 et seq.
SPENDTHRIFT-

as party to sale, 92.
“SPRING SHIPMENT”-

what meant by, 1134
STALLION –

implied warranty on sale of, 1250, 1354.
STATUTE OF ELIZABETH -

against fraudulent sales, 944.
STATUTE OF FRAUDS -

sales prior to the statute, 281.
I. THE STATUTE.

the seventeenth section of the Statute of Frauds, 282, 283.
English Sale of Goods Act, 284.
statute in United States, 285-290.

general effect of the statutes, 291.
II. WHAT ARE CONTRACTS FOR THE SALE OF Goods, WARES AND MER-

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CHANDISE.

importance of this question, 292.
1. Executory Contracts.

statute applies to executory contracts, 293.
2. Contracts of Sale or Manufacture.

statute applies only to contracts of sale and not for manufacture, 294.
English cases; immediate sale as the test, 295–297.

impossibility of present delivery as the test; goods not in existence,

298, 299.

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