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References are to sections.

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 un-

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... 1750-17:53

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. Baxen-

dale...........

1757-1733

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

References are to sections.

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.

1735

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 of breach of warranty.

1805

In pursuance of agreement...

1806

Waiver of special remedy - Suit for broach of warranty

1807
Option where law gives right to rescind .

1808

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

SALE OF PERSONAL PROPERTY.

P.

BOOK III.

OF THE AVOIDANCE OF THE CONTRACT.

CHAPTER I.

PURPOSE AND SCOPE OF BOOK III.

$ 798. Nature of the subjects here considered.

799. What subjects included.
800. How classified.

$ 798. Nature of the subjects to be now considered. In the preceding chapters consideration has been given to the questions, how the contract of sale may lawfully be made, how it is to be interpreted, and what is its effect in transferring title. It is proposed now to determine how a contract of sale, actually or apparently entered into, may be avoided by one or both of the parties to it.

$ 799. What subjects included.— The class of subjects to be now considered includes those chiefly in which, while it may be admitted that a contract has in form at least been en

a tered into, there is still opportunity for the claim that one or both of the parties is at liberty to withdraw from it upon the ground, either (1) that the supposed consent of the parties was really not given at all, or (2), if given, has been withdrawn by mutual consent, or (3) was given upon the understanding that it might be rescinded under certain circumstances, or (4) was given upon a consideration which has failed, or (5) was

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