WAGER,

contract of sale must not involve a, 54, 55.

as where ascertainment of price amounts to such, 54, 61.
or differences only to be paid, 54.

test of what is a, 55.

WAIVER,

by buyer of examination of goods, and acceptance under sect. 4...33.
election by buyer of, of condition, or reliance on warranty, 68, 69.
may be express or implied, 69.

express, semble, dealt with by sect. 11 (1) (a)...69, 77.

rules as to implied, 77, 78.

of lien by seller, 220, 225, 232, 233.

of lien by part delivery, 223.

of right of stoppage by part delivery, 251.

WAREHOUSEMAN'S CERTIFICATE. See Document of Title.

WARRANT. See Document of Title.

WARRANTY,

defined, 314.

on sale of goods" to arrive" prima facie no, that goods shall arrive,

55.

principle of the implication of conditions and, 85.

buyer's election to waive condition and rely on, 68, 69, 80, 81.

the question, "warranty or condition?" one of construction, 70, 71.
distinction between, and conditions and representations stated,
69-72.

implied, of quiet possession and freedom from incumbrances, 79,
81, 83.

difference between, for quiet possession and covenant for title, 82.
question whether, intended, one of fact, 109.

conformity of goods with description, not a, 86.

after sale requires new consideration, 108.

See Condition and Warranty.

remedies and procedure of buyer on breach of, 285–287.

measure of damage in such case, 288, 289.

See Action.

WEIGHING, when necessary to ascertain price, effect of, on property, 124.
"WITHIN," a certain time, meaning of agreement for delivery, 183.

WORK AND MATERIALS,

contracts for, distinguished from sale, 3, 8.

various tests of the distinction, 3, 4.

property in materials. See Materials.

WRIT,

effect on title of delivery of, to sheriff, 171, 172.
of delivery, 285.

WRITING,

meaning of, 19.

contract of sale may be wholly or partially in, 18, 42.

not necessary to contract in Scotland, 22, 53.

common law rule as to contracts in, 42.

this rule independent of the provisions of sect. 4...42, 43.

note or memorandum in, when necessary to contract of sale, 21 et seq.
See Contract of Sale; Note or Memorandum.

WRONGFUL ACT OR DEFAULT,

the definition of "fault," 312.

suggested meaning of, 60, 146.

LONDON: PRINTED BY C. F. ROWORTH, GREAT NEW STREET, FETTER LANE, E.C.