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References are to sections: Vol. I, SS 1-797; Vol. II, $8 798-1850.
following proceeds of goods as, 925.
prices fixed by, 208.
contracts for sale of, 695 et seq. See APPROPRIATION.
of specific chattel, when title passes, 483 et seq. See TITLE, TRANS.
title to, when passes, 507 et seq.
binding force of, 263 et seq.
UNLAWFUL COMBINATIONS -
sales in furtherance of, 1040.
in animals, what constitutes, 1270.
need not be incurable, 1271.
various illustrations of, 1270, note.
how construed, 1136.
as affecting sale of unascertained goods, 707 et seq.
no warranty by, when express warranty given, 1262–1264
effect of, on sale by sample, 1326.
misrepresentations as to, 936.
price may be fixed by, 212.
References are to sections: Vol. I, SS 1-797; Vol. II, SS 798-1850.
VOLUNTARY ACCEPTANCE -
as waiver of further performance, 1078.
fraudulent as to creditors, 957.
withdrawal of, before acceptance, 253.
of condition of prepayment, 549.
of default of conditional vendee, 609.
of right to retake property, 624
of performance, 1070 et seq.
what constitutes, 1071.
mere silence not, 1072.
mere leniency not, 1073.
friendly attempts at adjustment not, 1074.
acceptance of part performance as, 1075 et seq.
statement of some objections as waiver of others, 1077.
of defective delivery, 1160.
of irregular delivery, 1368, 1374.
of notice of rejection, 1385.
of notice of rejection by agent, 1386.
of time, effect of acceptance as, 1389.
of quantity, effect of acceptance as, 1390.
of quality, effect of acceptance as, 1391–1395.
of seller's lien, expressly, 1477.
by giving credit, 1479, 1480.
by taking bill or note, 1481.
by unconditional delivery, 1482–1484.
WAREHOUSE RECEIPT –
possession of, as appearance of title, 166.
delivery of, as delivery of goods, 1194.
estops seller to assert lien, 1507.
estoppel by form of, to assert seller's lien, 1504–1506.
I. OF WARRANTY IN GENERAL
warranty defined, 1222.
is a collateral agreement, 1223.
References are to sections: Vol 1, SS 1-797; VOL. II, SS 798–1850.
WARRANTY (continued) —
warranty to be distinguished from representation, 1224.
illustration of distinction, 1225.
what necessary to make representation a warranty, 1226.
further illustration, 1227.
not to be confused with time of warranting. 1228.
how determined, 1229.
how affected by usage, 1230.
warranty to be distinguished from condition, 1231.
warranty absolute or conditional, 1232.
classification of warranties, 1233.
II. EXPRESS WARRANTIES.
express warranty defined, 1234.
what constitutes a warranty; any direct and positive affirmation, 1235,
intention to warrant, 1237.
how determined, 1238.
motive; good faith no defense, 1239.
reference to other warranties or to printed statements; warranty by
mere expression of judgment or opinion not a warranty, 1241.
what questions presented, 1242.
test for determining, 1243.
court or jury, 1244.
mere commendation or “ seller's praise" not a warranty, 1245, 1246
consideration for the warranty; time of making it, 1247–1249.
construction of warranties in general, 1250.
intent governs, 1251.
how words understood, 1252.
oral and written warranties, 1253.
completed writing excludes oral warranty, 1254.
otherwise of incomplete writing, 1255.
how determined, 1256.
impeaching writing for fraud, 1257.
written contract does not exclude implied warranties, 1258.
express warranty as excluding implied warranty, 1259.
when relating to different subject, 1260, 1261.
express warranty as excluding usage, 1262–1264
time, duration and place of warranty, 1265.
warranty as to future event, 1266.
warranty against future acts of government, 1267.
representations concerning soundness in animals, 1268.
words used, 1269.
what constitutes unsoundness, 1270.
disease need not be permanent or incurable, 1271.
References are to sections: Vol. I, SS 1-797; Vol. II, $$ 798-1850.
WARRANTY (continued) -
warranty against known defects; usually none, 1272.
but may be given, 1273.
how determined, 1274.
express warranty after inspection, 1275.
limitations upon warranty, 1276.
to the extent of seller's knowledge, 1277.
warranties by agents, 1278, 1279.
agent's implied authority to warrant title, 1280.
agent's implied authority to warrant quality, 1281-1283.
custom; judicial notice, 1284.
customary warranties on sales of machinery, 1285, 1286.
sale by sample, 1287.
authority limited to a particular warranty, 1283.
limitations upon power to warrant; unusual warranties, 1289-1292
authority exhausted, when, 1293.
authority to warrant soundness of horses, 1294.
III. IMPLIED WARRANTIES.
implied warranty defined, 1295.
implied warranty when express warranty exists, 1296.
time and place of implied warranty, 1297.
deterioration during shipment, 1298.
implied warranties classified, 1299.
1. Implied Warranty of Title.
under what circumstances a warranty arises in general, 1300.
the English rule, 1301.
the rule in the United States, 1302.
to what classes of goods the rule applies, 1303.
warranty of title protects against incumbrances, 1304.
subsequently-acquired title inures to benefit of buyer, 1305.
warranty implied on exchange of property, 1306.
no implied warranty of title in official sales, etc., 1307.
none where seller is known to be mere agent, 1308.
none where circumstances negative the presumption, 1309.
2. Implied Wurranties of Quality.
in general, 1310.
a. Caveat Emptor.
no warranty implied on sale of ascertained chattel open to inspection,
mere inconvenience of examination does not affect rule, 1312.
no implied warranty of quality as to obvious defects, 1313.
no implied warranty in such cases even though seller knew that
chattel was bought for specific purpose, 1314, 1315.
or that the defect be latent, 1316.
References are to sections: VOL I, SS 1-797; Vol. II, $$ 798–1850.
unless the seller of goods with latent defects be the manufacturer
or grower, 1317, 1318.
no warranty of soundness from payment of sound price, 1319.
b. Of Conformity to Sample.
on sale by sample, warranty implied that bulk is equal to sample in
what constitutes a sale by sample, 1321.
effect of inspection, 1322–1324.
how question determined, 1325.
effect of usage, 1326.
parol evidence, 1327.
extent of warranty, 1328–1330.
co-existence of other warranties, 1331.
implied warranty of genuineness on sale of bonds, notes, etc., 1332.
d. Conformity to Description.
sale by description; the English rule, 1333.
sale by description in the United States imports warranty of identity
of kind, 1334, 1335.
description incorporating quality, 1336.
limits of rule, 1337.
how determined, 1338.
description coupled with other tests or limitations, 1339.
warranty of merchantability arises on executory sale of merchandise,
what satisfies, 1341.
how when there is express warranty of quality, 1342.
f. Fitness for Intended Use.
implied warranty of fitness where goods for particular use, 1343, 1344
to what sellers the rule applies, 1345.
extent of the warranty; latent defects, 1346.
reasonable fitness, 1347.
article originally designed for different use; second-hand goods,
warranty not implied where buyer selects the article or a special
and ascertained article is ordered, 1349.
nor where qualities are specified by the buyer, 1350.
specification by seller, 1351.
manufacturer warrants kind, materials and workmanship, 1352.
also that goods are new and of his own make, 1353.
warranty of fitness by breeder or grower, 1354, 1355.