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(§ 3.) 162. When these Engagements will not be implied
PAGE
115
163. Sale of Goods not in Vendor's Possession
116
164, 165. To furnish the Agreed Article
166. This Rule is applied most frequently to Contracts to sell 118
167. Sale with all Faults.
119
175. The Superior Skill and Judgment of a Manufacturer or
Producer
124
176. The Rule applies to Quarrymen and Seed-growers
125
177, 178. Buyer relies on his Judgment in Case of a Specified
Article bought under its Trade Name.
126
179. No Reliance by Buyer when he specifies the Materials or
Methods
127
180. The Engagement of Breeders of Animals
128
181. Is a Dealer's Undertaking the same as a Manufacturer's? 129
182. The Manufacturer as a Dealer
130
183. Seller engages that Goods are Merchantable
184. Extension of this Rule in England
185. Rule restricted in the United States
186. Present, not Future, Merchantableness
187. Engagement of the Vendor of Provisions
188. Does he engage that they are wholesome?
189. Quantity as an Essential Term
189 (a). All that the Purchaser may require.
189 (b). All that the Seller produces
190. Effect of such Words as "about"
191. An Estimated Quantity
192, 193, 194. Contract for a "Cargo"
196. Modification of this Rule in many Jurisdictions
195. Goods must not be mingled with Others
197. Seller engages for Inspection by Buyer
198. Place of Delivery is generally the Place of Inspection
134
151
215. The Warranty need not be the Sole Inducement to the
218. Oral Warranty cannot be added to a Written Contract 151
219. Have been considered under Conditions
5. BUYER'S RIGHTS UPON BREACH OF SELLER'S Engagement
220. Against the Seller.
221. Prompt Action required
222. Effect of Acceptance
223. Reasons for Prevailing View
224. A Different View of the Effect of Acceptance
225. This View leads to Arbitrary Distinctions
226. The Origin of this Anomalous View
227, 228. English Cases misunderstood
229. Effect of Acceptance (1) when Contract is entire;
(2) when it is severable
230. Buyer's Rights against Third Parties
231. When Seller's Power ceases
§ 6. BUYER'S RIGHTS UPON BREACH OF WARRANTY
232. No Right to return the Goods
233. Right to Damages only
234. Right to rescind
158
159
160
238. This Fundamental Distinction discarded by a Few Courts 166
247. When they designate a Locality, leaving Exact Spot
(§ 7.) 253. Instalment Deliveries: Entire not Divisible Contracts . 175
254. Unsatisfactory State of Authorities
176
255. How far they are agreed . .
256. Default must amount to a Renunciation of the Contract 177
257. Followed in some American Jurisdictions
177
258. Breach going to the Whole Consideration
178
259. Breach of any Essential Term of an Instalment Contract 179
260. Is Time of Payment an Essential Term of Instalment
Contracts?.
180
264 (a). Alternative Rights of Party not in Default
265. Manner of giving Possession.
183
€ 183
(A) TRANSFER OF POSSESSION WITHOUT CHANGE OF LOCATION 184
273. Does Notice to Third Party dispense with Attornment? 190
274. Delivery of Goods which are on the Premises of a
Third Party not a Bailee .
190
(B) TRANSFER OF POSSESSION BY DELIVERY TO A CARRIER. 191
275. Is Delivery to Buyer
191
276. Implied Authority to deliver to a Carrier
277. Goods must be prepared for Transportation
. 192
278. Goods must be correctly addressed
192
279. Care in providing the Buyer a Remedy against the Carrier 193
280. Should the Seller afford the Buyer an Opportunity to
(c) CHANGE OF LOCATION WITHOUT TRANSFER OF POSSESSION 194
282. Delivery to Carrier as Seller's Agent
194
(D) A PARTIAL DELIVERY UNDER AN ENTIRE CONTRACT
283. Does not satisfy Seller's Obligation
195
. 195
§ 8. BUYER'S RIGHTS AGAINST THIRD PARTIES
284. Buyer acquires Seller's Title
285. Sale in Market Overt
286. Negotiable Paper .
287. Transfer by one not Owner, under a Power of Sale
288. Transfers with Consent of Owner
289. Sale by Buyer with Voidable Title
196
197
. 197
198
199
(§ 8.) 290. Sale by one who obtained Possession by Trick
291. The Second Purchaser must buy in Good Faith and part
200
with Value .
201
292. Meaning of Valuable Consideration
202
293. A Creditor receiving Goods in Payment of a Debt is not
a Purchaser for Value
294. The Opposite View .
203
295. Is a Pledgee a Purchaser for Value?
204
296. An Attaching Creditor or Assignee as a Purchaser for
Value
297. A Second Purchaser who has promised to pay
298, 299. Rescission by Defrauded Vendor
300. Legal Holder of Bill of Lading has Apparent Authority
to sell
208
301. Bill of Lading not fully negotiable
209
302. Negotiability of Bills of Lading under Statutes
303. Negotiability of Warehouse Receipts
210
211
304. Sale by one in Possession without other Semblance of
Authority
212
305, 306. Sale by Possessor with Apparent Authority to sell. 213
307. Stock Certificates with Indorsements signed in Blank 214
308. Sale by Conditional Vendee
309, 310. What Right may be acquired by a Purchaser from a
Conditional Vendee
310. (a). Law applicable to Conditional Sales
311. Anomalous Doctrines
312, 313. Conditional Sale transformable into an Absolute Sale 219
314. Destruction of the Property after Delivery
316 (a). Conditions imposed by Copyright Owners
320. Effect given to the Mercantile View by Factors Acts
321. Vendor's Retention of Possession
322. Anomalous Doctrine in a Few States; Delivery of Pos-
session necessary to pass Title
226
323. Caldwell v. Ball misunderstood by the Massachusetts
Court
227
324. The Anomalous Doctrine supported by Considerations
of Public Policy
325. These Considerations have induced Legislation
326. Delivery under this Rule
228
229
327. Continued Possession by Vendor as Evidence of Fraud 230
328, 329. The Earlier English Doctrine approved by some
Courts; Various Reasons.
session
231
330. When Vendee excused from taking Actual Possession. 232
331. Statutory Provisions as to Vendor's Retention of Pos-
232
(8.) 332. The Later English Doctrine prevails generally in this
233
234
236
§ 10. DAMAGES FOR BREACH OF AN ESSENTIAL TERM OF THE COntract 237
337. Subject briefly discussed
339. How Market Value is established
237
338. General Rule.
238
340. Market Price at Time and Place of Delivery
341. No Available Market
239
341 (a). When a Promissory Condition is Fraudulent
342. Special Damage.
240
241
343. Particular Consequences not contemplated by the Seller 241
344. The Seller notified of Particular Consequences .
345. Seller and Buyer need not be agreed as to the Precise
Consequences
242
346. Special Damages when Seller knows the Goods are for
Resale.
350. Duty of the Injured Party to minimize Damages
§ 11. DAMAGES FOR BREACH OF WARRANTY
347. Expenses in transporting and caring for the Goods, as
Special Damages
244
§ 1. 361, 362. THE DUTY TO TAKE TITLE; WAIVER OF DEFECTS 252
363. Seller's Claim is for Damages
253
364. Seller's Right to Price upon Tender of Stipulated Goods 254
365. Contract may bind Buyer to pay Price whether Title
passes or not . .
255